Matthew Rocheleau v. Executive Office of Public Safety and Security - Department of State Police (SPR 20160312)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 24,2016 SPR16/312 Mr. Michael Halpin, Esq. Office of the Chief Legal Counsel Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Attorney Halpin: I have received the petition of Matthew Rocheleau, a reporter for the Boston Globe appealing the nonresponse of the Massachusetts Department of State Police (Department) to an April18, 2016 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Rocheleau requested copies of the prosecution/case status forms the State Crime Lab has received since 2006. Having received no response Mr. Rocheleau petitioned this office. 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). 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 ( c); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). Subsequent to the intervention by a member of my staff, this office was notified that there has been communication between the Department and Mr. Rocheleau regarding the response. Further, it appears that the request was not immediately made available to the Department's Legal Office. Accordingly, whereas this matter was opened based upon the failure to provide a written response, and further whereas the Department has indicated that it is in contact with Mr. Rocheleau to provide a response, I will now consider this administrative appeal closed with the proviso that a response be provided within ten (1 0) days. Mr. Rocheleau may appeal the OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Michael Halpin, Esq. SPR16/312 Page 2 May 24, 2016 substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determ· tion r further information. cc: Mr. Matthew Rocheleau