Melissa Hanson v. Massachusetts State Police (SPR 20181181)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords August 22, 2018 SPRlS/1181 Jenniffer P. Migliaccio, Esq. Staff Counsel Department of State Police 470 Worchester Road Framingham, MA 01702 Dear Attorney Migliaccio: I have received the petition of Melissa Hanson of Mass Live appealing the response of the Department of State Police (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on March 7, 2018, Ms. Hanson requested an "audio recording" and "transcript of all calls to police on Thursday, March 1, 2018, regarding [a specified address]." Previous appeals This request was the subject of three previous appeals. See SPRl 8/366 Determination of the Supervisor of Records (April 4, 2018); SPRl 8/602 Determination of the Supervisor of Records (May 15, 2018); SPR18/913 Determination of the Supervisor of Records (July, 2, 2018). In my July 2nd determination, I found the Department had not met its burden to establish how the 911 call could be withheld in its entirety underExemption (f). Specifically, I found the Department had not established why the 911 call cannot be redacted to preserve witness anonymity and had not established how disclosure of the 911 call would compromise investigative efforts. I ordered the Department to provide Ms. Hanson with a response, provided in a manner consistent with the order, the Public Records Law, and its Regulations within ten business days. On July 26, 2018, the Department provided a response to this office and Ms. Hanson. Unsatisfied with the Department's response, Ms. Hanson petitioned this office and this appeal, SPRl 8/1181, was opened as a result. Current appeal In its July 26th response, the Department indicates that it has "received and reviewed [my] determination in SPRl 8/913. After careful consideration, the Department respectfully disagrees 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

Jenniffer P. Migliacio, Esq. SPRlS/1181 Page2 August 22, 2018 and will not be producing the record at issue based on the reasoning provided in [its] previous responses." I find that despite its July 26th response, and for the reasons articulated in my previous determinations regarding this matter, the Department has not met its burden of supporting its claim that the 911 call may be withheld in its entirety from disclosure pursuant to Exemption (f) of the Public Records Law. Order Given that the Department has not met its burden to explain how an exemption applies to the requested records, the requested records may not be withheld. Accordingly, the Department is ordered to review the records, redact where necessary, and provide Ms. Hanson with responsive records, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. 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. Failure to do so may result in referral of this matter to the Office of the Attorney General. See G. L. c. 66, § 1O A(b ). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Melissa Hanson