SPD Body camera footage of June 26 encampment sweep
| Tracking # |
SPR25/0545-2 SPR25/0545 |
| Submitted | Feb. 4, 2025 |
| Est. Completion | None |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Adam Nuñez
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
From 11:30 AM to 3:00 PM, all footage from body cameras of responding officers to the dispersal of the South River encampment on June 26, 2024.
In particular, the body camera footage of:
C.I.U. Supervisor Sgt. Sean Andrus
C.I.U. Specialist Ofc. Ryan Arundel
C.I.U. Specialist Ofc. Dan Musto
C.I.U. Specialist Ofc. Neil Sicard
C.I.U. Specialist Ofc. Joshua Gerrard
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. I am currently a student journalist at Emerson College that has reported on the South River encampment in the past. The nature of this request is one of transparency regarding a widely-publicized encampment sweep and falls squarely within the public interest of some of our City's most vulnerable. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not made for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.
Sincerely,
Adam Nuñez
From: Salem Police Department
We have received your request for possible records and a response will be provided within 10 business days per Mass Public Records Law<https://www.sec.state.ma.us/pre/prepdf/guide.pdf> to your respective request; distribution of information being requested may take longer indicative of the nature and or volume of information being sought. Thank you for your patience.
**Note - Depending on the volume of records which you are requesting (and or needs to be searched to fulfill this request), we will communicate prior to completing your request a 'cost estimate' (and timeframe) in accordance with Mass Public Records Law<https://www.sec.state.ma.us/pre/prepdf/guide.pdf> for the completion/distribution of the information which you are requesting.
In the event we are not the 'Keeper of the Record' for the information you are seeking or 'No records Found' we will do our best to instruct you to the correct agency for the information being requested.
If this office can be of further assistance in the interim, please let us know.
Respectfully,
Ann Marie Greene
Principal Clerk
Support Services - Records Division
Salem Police Department
95 Margin St Salem Ma 01970
978-744-0171 ext 50132
agreene@salempd.net<mailto:agreene@salempd.net>
Records Division Homepage<https://www.salem.com/salem-police-department/contact-us/pages/public-records-requests>
Salem Police Department Homepage<https://www.salem.com/salem-police-department>
A Guide to Massachusetts Public Records Law<https://www.sec.state.ma.us/divisions/public-records/download/guide.pdf>
Public Services Window Hours of Operations:
Records Inquiry Request Form Click Here<https://www.salemma.gov/sites/g/files/vyhlif7986/f/uploads/public_records_request_form_pdf.pdf>
Mondays 9a-3p
Tuesdays 9a-3p
Thursdays 11a-7p
Fridays 9a-12p
[cid:d470fe69-0912-42ee-9ad1-d4af1c08fab2]
-
Outlook-4dhedfsj
From: Salem Police Department
Greetings Mudrock,
We received your records request for possible records on 2-4-25 for the following:
* Salem Police Department
PRL Office
95 Margin Street
Salem, MA 01970
* February 4, 2025
* To Whom It May Concern:
* Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
* From 11:30 AM to 3:00 PM, all footage from body cameras of responding officers to the dispersal of the South River encampment on June 26, 2024.
* In particular, the body camera footage of:
* C.I.U. Supervisor Sgt. Sean Andrus
C.I.U. Specialist Ofc. Ryan Arundel
C.I.U. Specialist Ofc. Dan Musto
C.I.U. Specialist Ofc. Neil Sicard
C.I.U. Specialist Ofc. Joshua Gerrard
*
Thank you for your patience. In response to your request for possible information please see the cost estimate below. Important note, just to review all possible records to determine information applicable will take some time due to volume for the timeframe being requested/number of applicable officers. A good faith estimate for the work hours (@$25/hour for all work over two hours per Mass Public Records Law) in which it will take approximately a minimum of approx. 10 hours total to compile, segregate, redact and prepare all the information you are requesting for that time fame/officers involved. The estimate of 8 hours (over the two hours no cost of preparation per Mass Public Records Law) of All BWC (Body Worn Camera Video) @ $25/hr. totaling approximately $200.00.
Please see the following on how we came up with this good faith estimate for the work hours to complete this request:
*
Total hours to complete request = 10 work hours (videos approx. 8 hours/minimum 2 hours prep time) (@$25/hour for all work over two hours per Mass Public Records Law) is 8 hours @$25 per hour = $200.00.
Scope of review and redaction: every applicable platform of information data (each BWC Video) will need to be examined and reviewed for possible applicable redactions as it is anticipated that any records found ‘may’ contain information which would fall under Exemption C, (G.L. c 4, sec. 7, cl 26(c) (privacy exemption) the disclosure of which would be unlawful and or an invasion of privacy (such as faces/names of parties involved, medical information, possible narcotic usage/substance abuse information shared for assistance support, date of birth etc.) and or per G.L. c 4, sec. 7, cl 26(a) (statutory exemption) per chapter 41/section 97d as those applicable would not be deemed public record per the statute.
Capacity: There is only one support staff available to do this work and due to other obligations for court case related information being sought, other federal/state/municipal agencies requests, as well as general constituent requests, has only limited capacity to review and prepare these records with the other workflow this office is responsible for distributing.
If you are looking to avoid a possible charge to fulfill this request, may I suggest a modification of the scope of your request either by timeframe/ and officer involvement as the preparedness of these videos is voluminous simply due to the timeframe and number of officers you are requesting. Modification of your request for information ‘may’ also bring you under the allotted time (of no charge) under Mass Public Records Law. Due to the scope of work needed to prepare BWC (Body Worn Camera) video the allotted time of two hours (of no cost per Mass Public Records Law) is almost always surpassed in the preparedness of these platforms alone with just one video being requested on any particular request. As there are multiple BWC videos requested the potential for incurred cost increases even more so.
Let us know how you would like us to proceed to your respective request with the information provided.
If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A(a).
If this office can be of further assistance in the interim please let us know.
Respectfully,
Ann Marie Greene
Principal Clerk
Support Services - Records Division
Salem Police Department
95 Margin St Salem Ma 01970
978-744-0171 ext 50132
agreene@salempd.net<mailto:agreene@salempd.net>
Records Division Homepage<https://www.salem.com/salem-police-department/contact-us/pages/public-records-requests>
Salem Police Department Homepage<https://www.salem.com/salem-police-department>
A Guide to Massachusetts Public Records Law<https://www.sec.state.ma.us/divisions/public-records/download/guide.pdf>
Public Services Window Hours of Operations:
Records Inquiry Request Form Click Here<https://www.salemma.gov/sites/g/files/vyhlif7986/f/uploads/public_records_request_form_pdf.pdf>
Mondays 9a-3p
Tuesdays 9a-3p
Thursdays 11a-7p
Fridays 9a-12p
[cid:53914f74-208b-4f5f-9386-b46a218b7caf]
From: Adam Nuñez
Dear Ann Marie Greene:
Thank you for your response. The City's response sent on 2/19/25 does not "identify a reasonable timeframe in which the agency or municipality shall produce the public records sought" pursuant to M.G.L. c. 66, § 10(b)(vi). Though the City's reception of records sent on 2/04/25 says that the "distribution of information being requested may take longer indicative of the nature and or volume of information being sought," neither that response on 2/04, nor the response received today on 2/19, identify a timeframe for these records beyond an estimate of work hours.
Please advise.
From,
Adam Nuñez
From: Adam Nuñez
Dear Supervisor of Records,
On 2/4, I sent a records request to the Salem Police Department regarding the body camera footage of specific officers on a specific date. The same day, I received a response from the Salem Police Department acknowledging my request, as the City wrote "a response will be provided within 10 business days per Mass Public Records Law."
On 2/18, I received an unsatisfactory response from the City that did not "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" as pursuant to M.G.L. c. 66, § 10(b)(vi). On 2/19, I sent a response to the City detailing this and asking for advisement.
It has now been 4 business days since I sent this response to the City, and I am still unclear how many business days the City will need to fulfill this request. As pursuant to M.G.L. c. 66, § 10(b)(vi), the City must "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" within 10 business days of receipt of the request. It has now been 14 business days since the initial receipt of the request without this being fulfilled pursuant to Massachusetts Public Records Law.
In the City's 2/18 response, it notes that it "will take some time" to fulfill the request, but does not give an estimated amount of business days the request will take to fulfill as pursuant to M.G.L. c. 66, § 10(b)(vi). I'd ask that the fees of $200 proposed in the City's response be waved or reduced on the grounds of timeliness and lack of clarity surrounding how many business days are needed for the records in question will actually take to be released, in accordance with Massachusetts Public Records Law.
MuckRock has attached relevant documents below. Thank you for your time.
From,
Adam Nuñez
From: Salem Police Department
Dear Records Custodian,
This office has received an appeal relating to your entity's response to a request for public records. Attached are further details concerning this appeal. If you are able to provide further information or have any questions relating to this matter, please contact the Public Records Division at pre@sec.state.ma.us <mailto:pre@sec.state.ma.us> or 617-727-2832.
Given that the Supervisor of Records must issue a determination within 10 business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.
Thank you,
Daniel Taylor (they/them/theirs)
Staff Attorney | Public Records Division
Office of the Secretary of the Commonwealth
One Ashburton Place, Room 1719 | Boston, MA 02108
(617) 727-2832 | daniel.taylor@sec.state.ma.us<mailto:daniel.taylor@sec.state.ma.us>
From: Salem Police Department
Mucrock
In response to appeal SPR25/0545 please see below further clarification regarding your request to the SPR for the for the following:
*
'identify a reasonable timeframe in which the agency or municipality shall produce the public records sought.'
*
and I am still unclear how many business days the City will need to fulfill this request
We had provided a good faith cost estimate based on the volume of records which you are seeking (see below and attached our prior response to see how we came up with this breakdown. for Body Worn Camera Video footage. As stated, in our cost estimate it would take approximately a minimum of approx. 10 hours total to compile, segregate, redact and prepare all the information you are requesting for that time fame/officers involved. The estimate of 8 hours (over the two hours no cost of preparation per Mass Public Records Law) of All BWC (Body Worn Camera Video) @ $25/hr. totaling approximately $200.00.
Please see the following on how we came up with this good faith estimate for the work hours to complete this request:
*
Total hours to complete request = 10 work hours (videos approx. 8 hours/minimum 2 hours prep time aka time it will take support staff to redact the videos you are seeking) (@$25/hour for all work over two hours per Mass Public Records Law) is 8 hours @$25 per hour = $200.00.
*
*
Note prep time/redactions does not include the time that it takes to actually watch the videos to make the determination of what needs to be redacted (see full response for exemptions noted per MGL guidelines; Exemption A and C), this is the other 8 hours given in the good faith estimate based on the length of the videos you are requesting.
We also suggested a modification by requesting less footage/officers involved to assist with bringing the cost and work time to complete down by requesting less BWC video(s).
Once you let us know how you would like to proceed, we can place into our workflow and clarify an anticipated distribution date as all information that is quantifiable has been provided to you thus far based on your respective communication/response.
If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A(a).
If this office can be of further assistance in the interim please let us know.
Respectfully,
**Prior Response below (and attached)
_________________________________________________________________________________________
Greetings Mudrock,
We received your records request for possible records on 2-4-25 for the following:
* Salem Police Department
PRL Office
95 Margin Street
Salem, MA 01970
* February 4, 2025
* To Whom It May Concern:
* Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
* From 11:30 AM to 3:00 PM, all footage from body cameras of responding officers to the dispersal of the South River encampment on June 26, 2024.
* In particular, the body camera footage of:
* C.I.U. Supervisor Sgt. Sean Andrus
C.I.U. Specialist Ofc. Ryan Arundel
C.I.U. Specialist Ofc. Dan Musto
C.I.U. Specialist Ofc. Neil Sicard
C.I.U. Specialist Ofc. Joshua Gerrard
*
Thank you for your patience. In response to your request for possible information please see the cost estimate below. Important note, just to review all possible records to determine information applicable will take some time due to volume for the timeframe being requested/number of applicable officers. A good faith estimate for the work hours (@$25/hour for all work over two hours per Mass Public Records Law) in which it will take approximately a minimum of approx. 10 hours total to compile, segregate, redact and prepare all the information you are requesting for that time fame/officers involved. The estimate of 8 hours (over the two hours no cost of preparation per Mass Public Records Law) of All BWC (Body Worn Camera Video) @ $25/hr. totaling approximately $200.00.
Please see the following on how we came up with this good faith estimate for the work hours to complete this request:
*
Total hours to complete request = 10 work hours (videos approx. 8 hours/minimum 2 hours prep time) (@$25/hour for all work over two hours per Mass Public Records Law) is 8 hours @$25 per hour = $200.00.
Scope of review and redaction: every applicable platform of information data (each BWC Video) will need to be examined and reviewed for possible applicable redactions as it is anticipated that any records found ‘may’ contain information which would fall under Exemption C, (G.L. c 4, sec. 7, cl 26(c) (privacy exemption) the disclosure of which would be unlawful and or an invasion of privacy (such as faces/names of parties involved, medical information, possible narcotic usage/substance abuse information shared for assistance support, date of birth etc.) and or per G.L. c 4, sec. 7, cl 26(a) (statutory exemption) per chapter 41/section 97d as those applicable would not be deemed public record per the statute.
Capacity: There is only one support staff available to do this work and due to other obligations for court case related information being sought, other federal/state/municipal agencies requests, as well as general constituent requests, has only limited capacity to review and prepare these records with the other workflow this office is responsible for distributing.
If you are looking to avoid a possible charge to fulfill this request, may I suggest a modification of the scope of your request either by timeframe/ and officer involvement as the preparedness of these videos is voluminous simply due to the timeframe and number of officers you are requesting. Modification of your request for information ‘may’ also bring you under the allotted time (of no charge) under Mass Public Records Law. Due to the scope of work needed to prepare BWC (Body Worn Camera) video the allotted time of two hours (of no cost per Mass Public Records Law) is almost always surpassed in the preparedness of these platforms alone with just one video being requested on any particular request. As there are multiple BWC videos requested the potential for incurred cost increases even more so.
Let us know how you would like us to proceed to your respective request with the information provided.
If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A(a).
If this office can be of further assistance in the interim please let us know.
Respectfully,
Ann Marie Greene
Principal Clerk
Support Services - Records Division
Salem Police Department
95 Margin St Salem Ma 01970
978-744-0171 ext 50132
agreene@salempd.net<mailto:agreene@salempd.net>
Records Division Homepage<https://www.salem.com/salem-police-department/contact-us/pages/public-records-requests>
Salem Police Department Homepage<https://www.salem.com/salem-police-department>
A Guide to Massachusetts Public Records Law<https://www.sec.state.ma.us/divisions/public-records/download/guide.pdf>
Public Services Window Hours of Operations:
Records Inquiry Request Form Click Here<https://www.salemma.gov/sites/g/files/vyhlif7986/f/uploads/public_records_request_form_pdf.pdf>
Mondays 9a-3p
Tuesdays 9a-3p
Thursdays 11a-7p
Fridays 9a-12p
[cid:e5617192-f7b5-45ab-bd9a-4f2856108548]
-
Outlook-jjg10sxw
From: Salem Police Department
Mucrock
In response to appeal SPR25/0545 please see below further clarification regarding your request to the SPR for the for the following:
*
'identify a reasonable timeframe in which the agency or municipality shall produce the public records sought.'
*
and I am still unclear how many business days the City will need to fulfill this request
We had provided a good faith cost estimate based on the volume of records which you are seeking (see below and attached our prior response to see how we came up with this breakdown. for Body Worn Camera Video footage. As stated, in our cost estimate it would take approximately a minimum of approx. 10 hours total to compile, segregate, redact and prepare all the information you are requesting for that time fame/officers involved. The estimate of 8 hours (over the two hours no cost of preparation per Mass Public Records Law) of All BWC (Body Worn Camera Video) @ $25/hr. totaling approximately $200.00.
Please see the following on how we came up with this good faith estimate for the work hours to complete this request:
*
Total hours to complete request = 10 work hours (videos approx. 8 hours/minimum 2 hours prep time aka time it will take support staff to redact the videos you are seeking) (@$25/hour for all work over two hours per Mass Public Records Law) is 8 hours @$25 per hour = $200.00.
*
*
Note prep time/redactions does not include the time that it takes to actually watch the videos to make the determination of what needs to be redacted (see full response for exemptions noted per MGL guidelines; Exemption A and C), this is the other 8 hours given in the good faith estimate based on the length of the videos you are requesting.
We also suggested a modification by requesting less footage/officers involved to assist with bringing the cost and work time to complete down by requesting less BWC video(s).
Once you let us know how you would like to proceed, we can place into our workflow and clarify an anticipated distribution date as all information that is quantifiable has been provided to you thus far based on your respective communication/response.
If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A(a).
If this office can be of further assistance in the interim please let us know.
Respectfully,
**Prior Response below (and attached)
_________________________________________________________________________________________
Greetings Mudrock,
We received your records request for possible records on 2-4-25 for the following:
* Salem Police Department
PRL Office
95 Margin Street
Salem, MA 01970
* February 4, 2025
* To Whom It May Concern:
* Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
* From 11:30 AM to 3:00 PM, all footage from body cameras of responding officers to the dispersal of the South River encampment on June 26, 2024.
* In particular, the body camera footage of:
* C.I.U. Supervisor Sgt. Sean Andrus
C.I.U. Specialist Ofc. Ryan Arundel
C.I.U. Specialist Ofc. Dan Musto
C.I.U. Specialist Ofc. Neil Sicard
C.I.U. Specialist Ofc. Joshua Gerrard
*
Thank you for your patience. In response to your request for possible information please see the cost estimate below. Important note, just to review all possible records to determine information applicable will take some time due to volume for the timeframe being requested/number of applicable officers. A good faith estimate for the work hours (@$25/hour for all work over two hours per Mass Public Records Law) in which it will take approximately a minimum of approx. 10 hours total to compile, segregate, redact and prepare all the information you are requesting for that time fame/officers involved. The estimate of 8 hours (over the two hours no cost of preparation per Mass Public Records Law) of All BWC (Body Worn Camera Video) @ $25/hr. totaling approximately $200.00.
Please see the following on how we came up with this good faith estimate for the work hours to complete this request:
*
Total hours to complete request = 10 work hours (videos approx. 8 hours/minimum 2 hours prep time) (@$25/hour for all work over two hours per Mass Public Records Law) is 8 hours @$25 per hour = $200.00.
Scope of review and redaction: every applicable platform of information data (each BWC Video) will need to be examined and reviewed for possible applicable redactions as it is anticipated that any records found ‘may’ contain information which would fall under Exemption C, (G.L. c 4, sec. 7, cl 26(c) (privacy exemption) the disclosure of which would be unlawful and or an invasion of privacy (such as faces/names of parties involved, medical information, possible narcotic usage/substance abuse information shared for assistance support, date of birth etc.) and or per G.L. c 4, sec. 7, cl 26(a) (statutory exemption) per chapter 41/section 97d as those applicable would not be deemed public record per the statute.
Capacity: There is only one support staff available to do this work and due to other obligations for court case related information being sought, other federal/state/municipal agencies requests, as well as general constituent requests, has only limited capacity to review and prepare these records with the other workflow this office is responsible for distributing.
If you are looking to avoid a possible charge to fulfill this request, may I suggest a modification of the scope of your request either by timeframe/ and officer involvement as the preparedness of these videos is voluminous simply due to the timeframe and number of officers you are requesting. Modification of your request for information ‘may’ also bring you under the allotted time (of no charge) under Mass Public Records Law. Due to the scope of work needed to prepare BWC (Body Worn Camera) video the allotted time of two hours (of no cost per Mass Public Records Law) is almost always surpassed in the preparedness of these platforms alone with just one video being requested on any particular request. As there are multiple BWC videos requested the potential for incurred cost increases even more so.
Let us know how you would like us to proceed to your respective request with the information provided.
If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A(a).
If this office can be of further assistance in the interim please let us know.
Respectfully,
Ann Marie Greene
Principal Clerk
Support Services - Records Division
Salem Police Department
95 Margin St Salem Ma 01970
978-744-0171 ext 50132
agreene@salempd.net<mailto:agreene@salempd.net>
Records Division Homepage<https://www.salem.com/salem-police-department/contact-us/pages/public-records-requests>
Salem Police Department Homepage<https://www.salem.com/salem-police-department>
A Guide to Massachusetts Public Records Law<https://www.sec.state.ma.us/divisions/public-records/download/guide.pdf>
Public Services Window Hours of Operations:
Records Inquiry Request Form Click Here<https://www.salemma.gov/sites/g/files/vyhlif7986/f/uploads/public_records_request_form_pdf.pdf>
Mondays 9a-3p
Tuesdays 9a-3p
Thursdays 11a-7p
Fridays 9a-12p
[cid:e5617192-f7b5-45ab-bd9a-4f2856108548]
-
Outlook-jjg10sxw
From: Salem Police Department
Good Afternoon,
Please be aware, the Supervisor of Records has issued a determination relating to an appeal in which you were involved. This determination is attached and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx.
If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.
Thank You,
Patrick Pierce (He/Him/His)
Public Records Division
Office of the Secretary of the Commonwealth
One Ashburton Place, Room 1719
Boston, MA, 02108
617-727-2832 | Patrick.Pierce@sec.state.ma.us
From: Salem Police Department
Muckrock,
This communication serves to respond and further clarify per the SPR response seeking additional clarification. Reference SPR25/0545-2.
See attached for reference.
In response to appeal SPR25/0545 please see below further clarification regarding your request that SPR had advised for clarification:
Based on the District’s response, it appears to be assessing a fee for redactions under
Exemptions (a) and (c) of the Public Records Law. Under the Public Records Law, a fee may 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 pursuant to a petition under G. L. c.
66, § 10(d)(iv). See G. L. c. 66, § 10(d)(ii); 950 C.M.R. 32.06(4). Consequently, the Department
must clarify if the fee assessed includes time necessary to redact records under Exemption (c) of
the Public Records Law.
While redactions will need to be done redaction time was noted as two hours based on Exemption A which is required by statue. The time for redactions was estimated for specifically Exemption A redactions at two hours (based on 8 hours of video to be watched) per the cost estimate provided.
Further, the Department must clarify whether $25.00 per hour is the hourly rate of the
lowest paid employee who has the skill required to search for, compile, segregate, redact, or
reproduce the requested records.
For the reasons discussed above, I find the Department must revise its fee estimate or
provide further explanation of how the fee assessed is expressly provided for and consistent with
G. L. c. 66, § 10(d).
$25.00 per hour is the hourly rate of the lowest paid employee who has the skill required to search for, compile, segregate, redact, or reproduce the requested records in this case BWC videos. There are 8 hours of video that need to be reviewed (aka watched) and redacted in accordance to Exemption A which is required by statute.
This office encourages Mr. Nuñez and the Department to communicate further in order to
facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (a
municipality shall 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 municipality to
produce the records sought more efficiently and affordably). Any revision to the request would
result in the requirement to issue a revised fee
*
We also suggested a modification by requesting less footage/aka officers involved (as you had them noted by Officer name involved) to assist with bringing the cost and work time to complete down by requesting less BWC video(s). Your initial request of 5 officers has a result total of 8 hours of videos to be reviewed prior to redactions for Exemption A to begin. We noted that in our cost estimate that only 6 hours would be charged in accordance with MGL guidelines of Exemption A.
Once you let us know how you would like to proceed, we can place into the support staff person's workflow and clarify an anticipated distribution date as all information that is quantifiable has been provided to you thus far based on your respective communication/response.
Snapshot of prior cost estimate again if no modification is sought:
Total hours to complete request = 10 work hours (videos approx. 8 hours/minimum 2 hours prep time (Exemption A) aka time it will take support staff to redact the videos you are seeking) (@$25/hour for lowest paid staff with required skill set for all work over two hours per Mass Public Records Law) is 8 hours @$25 per hour = $200.00.
If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A(a).
If this office can be of further assistance in the interim please let us know.
*
Respectfully,
*
Ann Marie Greene
Principal Clerk
Support Services - Records Division
Salem Police Department
95 Margin St Salem Ma 01970
978-744-0171 ext 50132
agreene@salempd.net<mailto:agreene@salempd.net>
Records Division Homepage<https://www.salem.com/salem-police-department/contact-us/pages/public-records-requests>
Salem Police Department Homepage<https://www.salem.com/salem-police-department>
A Guide to Massachusetts Public Records Law<https://www.sec.state.ma.us/divisions/public-records/download/guide.pdf>
Public Services Window Hours of Operations:
Records Inquiry Request Form Click Here<https://www.salemma.gov/sites/g/files/vyhlif7986/f/uploads/public_records_request_form_pdf.pdf>
Mondays 9a-3p
Tuesdays 9a-3p
Thursdays 11a-7p
Fridays 9a-12p
[cid:f47ddf40-b005-4d20-8b4a-be00c6e4a21e]
