Natalia Abreu v. Department of State Police - Crime Lab (SPR 20181070)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 31, 2018 SPRlS/1070 Kerry A. Collins, Esq. Massachusetts Department of State Police Crime Laboratory 124 Acton Street Maynard, MA O1 7 54 Dear Attorney Collins: I have received the petition of Adam Sanders appealing the response of the Massachusetts Department of State Police (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Sanders requested the procedure and protocol policy of the Department Firearms Identification Section pertaining to an identified firearm. The Department responded to Mr. Sanders stating the Quality Assurance Unit is the unit that maintains all current and prior protocols that are utilized by the Crime Laboratory. Mr. Sanders appealed to this office stating other responsive documents existed. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmentalrecords are public records. G. L. c. 66, § lOA(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, § 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, § lO(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, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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

Kerry A. Collins, Esq. SPR18/1070 Page 2 July 31, 2018 Determination Subsequent to the intervention by a member of the Public Records Division staff, this office was notified that no other responsive documents exist. Under the Public Records Law, the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A( d). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). As the Department does not possess records responsive to this request, and there is no duty to create such records, I will consider this appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Adam Sanders