Mike Beaudet v. Massachusetts State Police (SPR 20181574)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 9, 2018 SPR18/1574 Michael Halpin, Esq. Records Access Officer Massachusetts State Police 470 Worcester Road Framingham, MA O1 702 Dear Attorney Halpin: I have received a petition from Mike Beaudet 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). Originally, Mr. Beaudet sent a request to the Department on September 26, 2018 requesting "access to all Gaming Enforcement Unit incident reports from January 1, 2018 to present for issues surrounding the Plainville and Springfield casinos." The Department provided an acknowledgment response email on September 26, 2018 to Mr. Beaudet. In an email on October 25, 2018, Mr. Beaudet made an appeal to this office stating the Department has not produced responsive records. Appeal Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days ofreceipt of the request. G. L. c. 66, § lO(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, § lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. 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), (b)(ii). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, § lO(b)(iii). 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, § 1O (b )(iv) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific 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

Michael Halpin, Esq. SPR18/1574 Pg.2 November 9, 2018 exemption or exemptions upon which the withholding is based ... "); 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). It is unclear if the Department possesses the records requested by Mr. Beaudet concerning Gaming Enforcement Unit incident reports of issues surrounding the Plainville and Springfield casinos. See G. L. c. 66, § 1 O(a)(ii), (b )(ii), (iii). 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), (b)(ii). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, § 1O (b) (iii). If the records are within the Department's possession and they intend to withhold the documents an exemption must be provided as stated above. See G. L. c. 66, § lO(b)(iv) ( custodian has the burden of establishing the applicability 6f an exemption). Accordingly, the Department is ordered to review the requests made by Mr. Beaudet and provide any requested records in accordance with the Public Records Law, its Access Regulations and this order 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Mike Beaudet