Michael Gordon v. Massachusetts State Police (SPR 20170687)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 1,201 7 SPR171687 Sean W. Farrell, Esq. Deputy Chief Legal Counsel - Massachusetts State Police 470 Worcester Road Framingham, MA 0 1702 Dear Attorney Farrell: I have received the petition of Michael Gordon appealing the response of the Massachusetts State Police (Department) to a request for public records. G. L. c. 66 5 10A; see 950 C.M.R. 32.08(1). On January 25,2017, Mr. Gordon specifically requested from the Department six categories of public records: 1) K9 Rocky's file from 201 1 to 201 5. 2) K9 Rocky's certificate from 20 11 to 20 15. 3) Certificate of Certification awarded to Trooper John Morris and K9 Rocky from 2010 to 2015. 4) Actual time schedule of Sergeant Richard L. Galeazzi, Trooper Torname Louis, and Trooper John Moris 30 days prior to August 11,2011 and 30 days after. 5) Regulation and/or policy related to the State Police Department uniforms and dress code during work hours. 6) Training and Regulation Policies related to State Troopers becoming detectives. Having received no response, Mr. Gordon petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) business days of receipt of the request. G. L. c. 66, 5 10(a),(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, 5 10(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. One Ashburton Place, Room 171 9, Boston, Massachusetts 0210 8 (6 17) 727-2832. Fax: (6 17) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us

Sean W. Farrell, Esq. Page 2 June 1,2017 Prior appeals The requested records were the subject of a prior appeal. SPRl71380 Supervisor of Records Determination (March 30,2017). Subsequent to the intervention by members of the Public Records Division staff, you informed this office on several occasions that you were in the process of gathering responsive records and will respond to Mr. Gordon as soon as you receive them. The appeal was closed with the proviso that the Department would provide a timely response to Mr. Gordon. Current Appeal and Use of Custodian's Superior Knowledge Mr. Gordon had requested from the Department six categories of public records. Although the Department provided a May lStr esponse in which Category (1) records that pertained to K9 Rocky's training were addressed, Mr. Gordon contends that there was no response relating to the other 5 categories of records requested. In accordance with the Public Records Law, a custodian is expected to use hidher superior knowledge of the records in hidher custody to assist the requester in obtaining the desired information. &g 950 C.M.R. 32.04(5). The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, 5 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 town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, 5 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, 5 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorne~fo r the Norfolk Dist. v. Flatley, 41 9 Mass. 507, 5 11 (19 95) (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. 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 htt~://www.sec,state.ma.us/~re/prepdPfu/b~l ic Records Division attorneys are available during regular business hours to answer general questions regarding the Public Records Law. In addition, Public Records Division staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact the Public Records Division directly at the telephone number provided in this determination for further information. Order I understand that a member of the Public Records Division staff emailed you a copy of the file and mailed a letter acknowledging the opening of this appeal. An attorney from this

Sean W. Farrell, Esq. Page 3 June 1,2017 office also contacted you on several occasions regarding this matter. Accordingly, the Department is hereby ordered to provide Mr. Gordon with a response to the remainder of the records, in a manner consistent with this determination, the Public Records Law, and related Access Regulations. I will consider this administrative appeal closed with the proviso that the Department provides a substantive response to Mr. Gordon without delay. 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. Sincerely, V Rebecca S. Murray Supervisor of Records cc: Michael Gordon