Sharpless, David v. Orleans, Town of - Police Department (SPR 20260482)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 24, 2026 SPR26/0482 Jill Hull Records Access Officer Orleans Police Department 99 Eldredge Park Way Orleans, MA 02653 Dear Ms. Hull: I have received the petition of David Sharpless appealing the response of the Orleans Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 22, 2026, Mr. Sharpless requested: …copies of any and all police reports, incident reports, arrest records, citation records, or other records maintained by the Orleans Police Department that reference or involve [an identified individual.] To assist in locating the records, please include any reports where [an identified individual is] listed as a complainant, victim, witness, suspect, arrestee, or involved party, regardless of date. If the records span multiple years, I request all available reports. The Department responded on February 5, 2026. Unsatisfied with the Department’s response, Mr. Sharpless petitioned this office and this appeal, SPR26/0482, was opened as a result. Subsequent to the opening of this appeal, the Department provided a further response to Mr. Sharpless on February 11, 2026 and February 13, 2026. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Jill Hull SPR26/0482 Page 2 February 24, 2026 It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Fee Estimates - Municipalities A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10(d). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents ($.05) per page may be assessed for a black and white single or double-sided photocopy of a public record. G. L. c. 66, § 10(d)(i). Municipalities may not assess a fee for the first 2 (two) hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested unless the municipality has 20,000 people or less. G. L. c. 66, § 10(d)(iii). Where appropriate, municipalities may include as part of the fee an hourly rate equal to or less than the hourly rate attributed to the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact or reproduce a record requested, but the fee shall not be more than $25 per hour. Id. However, municipalities may charge more than $25 per hour if such rate is approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). A fee shall not be assessed for time spent segregating or redacting records unless such segregation or redaction is required by law or approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). See G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4). The Department’s February 5th, February 11th, and February 13th Responses On February 5, 2026, the Department stated, “[d]ue to the volume of records that entails, a fee would be assessed and I can provide you with a good faith estimate if you are still interested in all calls under your name in our department.” On February 11, 2026, the Department stated: After a preliminary review, the Department estimates that approximately 10.61 hours will be required to search for, identify, review, segregate, and where necessary, redact responsive records in accordance with M.G.L. c. 4, § 7(26), and to prepare the records for production. The total number of responsive records is

Jill Hull SPR26/0482 Page 3 February 24, 2026 91, consisting of approximately 115 pages. In accordance with M.G.L. c. 66, § 10(d), and 950 CMR 32.07(2)(a), the Department may assess a fee for employee time required to comply with a public records request. The hourly rate applied is $25.00 per hour, which reflects the statutory rate permitted. Estimated Cost Calculation: Employee Time: 10.61 hours × $25.00 per hour = $265.25 Copying Charges: 115 pages × $0.05 per page = $5.75 Total Good Faith Estimate: $271.00 This estimate represents a good faith projection of the costs based on the information currently available. The final cost may be less if fewer hours are required. If it appears that additional time beyond this estimate will be necessary, the Orleans Police Department will provide written notification before incurring additional charges. Pursuant to M.G.L. c. 66, § 10(d), the Department may require payment of the estimated fee prior to commencing work on this request. Upon receipt of written confirmation that you wish to proceed and payment in the amount of $271.00, the Department will begin processing your request. On February 13, 2026, the Department stated: Our records custodian will require payment that was outlined in the good faith estimate prior to any work being started. The Orleans Police Department will charge for actual time for searching, reviewing, redacting and compiling of the relevant records. If the time is less than those listed in the good faith estimate you will only be billed for the time incurred. You will be refunded if you have over paid. If the estimated hours are below the time required to provide the relevant records then you will be notified in writing prior to any further charges being incurred. When feasible the department will provide records electronically and copying costs will not be attached. The cost of a thumb drive may also be added if records are requested electronically and cannot be sent via electronic mail. Once we receive payment from you, we will begin the task of processing relevant reports. Please confirm if you would like us to proceed with your request. I will check on who the payment should be made out to in the meantime.

Jill Hull SPR26/0482 Page 4 February 24, 2026 Current Appeal In his response, Mr. Sharpless states, “[m]ore than [17] [sic] business days have now passed since the original request (well beyond the 10-business-day initial response window and approaching/exceeding the 25-business-day municipal guideline under M.G.L. c. 66, § 10(b)(vi)), without advancement toward production or justification for further delay.” G. L. c. 66, § 10(b) In this case, it is unclear if the Department’s response met all the requirements under G. L. c. 66, § 10(b) to assess a fee for the requested records. Pursuant to the law, the written response must be not later than 10 business days after the initial receipt of the request for public records, made via first class or electronic mail and must: (i) confirm receipt of the request; (ii) identify any public records or categories of public records sought that are not within the possession, custody, or control of the agency or municipality that the records access officer serves; (iii) identify the agency or municipality that may be in possession, custody or control of the public record sought, if known; (iv) identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based, provided that nothing in the written response shall limit an agency’s or municipality’s ability to redact or withhold information in accordance with state or federal law; (v) identify any public records, categories of records, or portions of records that the agency or municipality intends to produce, and provide a detailed statement describing why the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality and therefore requires additional time to produce the public records sought; (vi) identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein; (vii) suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably; (viii) include an itemized, good faith estimate of any fees that may be charged to produce the records; and

Jill Hull SPR26/0482 Page 5 February 24, 2026 (ix) include a statement informing the requestor of the right of appeal to the supervisor of records under subsection (a) of section 10A and the right to seek judicial review of an unfavorable decision by commencing a civil action in the superior court under subsection (c) of section 10A. G. L. c. 66, § 10(b). The Department is advised in order to assess a fee for the requested records, it must demonstrate it provided a response in compliance with G. L. c. 66, § 10(b). The Department must clarify this. Please note that where the Department has yet to provide records, I am unable to opine on any withheld records or the applications of any exemptions the Department may cite at this time. Conclusion Accordingly, the Department is ordered to provide Mr. Sharpless with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Sharpless may further appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: David Sharpless