Musgrave, Shawn v. Executive Office of Public Safety and Security - Department of State Police (SPR 20150542)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 28,2015 SPRlS/542 Mr. David Procopio Department of State Police Office of the Chief Legal Counsel 470 Worcester Road Framingham, MA 01702 Dear Mr. Procopio: I have received the petition of Shawn Musgrave of Muckrock News appealing the response of the Department of State Police (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr Musgrave requested a copy of the current roster of special state police officers. Mr. Musgrave requested that the responsive record be provided to him in its native electronic database format. In a response date June 12, 2015 the Department agreed to provide Mr. Musgrave with a printout of its database but denied providing the responsive record in its native electronic form. The basis of Mr. Musgrave's appeal is that he challenges the Department's refusal to provide the responsive record in its native electronic form. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(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 town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Mr. Musgrave requested that the records responsive to this request be provided electronically, in its native form. The duty of a custodian of records to comply with requests for information extends only to records that exist and are in the custodian's custody. G. L. c. 4, § 7(26) (defining "public records" as those non-exempt materials made or received by a public employee); see also 950 C.M.R. 32.03 (defining "custodian" as the public employee with routine access to or control of public records). Where the native form of the records requested is electronic the Department must respond to a request that the records be provided in that form. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. David Procopio SPR15/542 Page Two September 28, 2015 Accordingly, the Department is hereby ordered, within ten (10) days ofthis order, to provide Mr. Musgrave with the requested record, as requested, in its native electronic form. If the Department maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Mr. Musgrave a written explanation, with specificity, how a particular exemption applies to each record. 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. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma. us. If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § lO(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.0 ~'custodian of records shall provide written good faith estimate). Once the fees are paid, yo. ust provide the responsive ' records. 1 cc: Mr. Shawn Musgrave