Charles Bohigian v. Massachusetts State Police (SPR 20181895)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 19, 2018 SPRlS/1895 Michael Halpin, Esq. Massachusetts State Police 470 Worcester Road Framingham, MA 01702 Dear Attorney Halpin: I have received the petition of Charles Bohigian 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. Bohigian requested copies of policies, protocols, and procedures from the Department. This office was provided with a response from the Department on November 2, 2018 which was provided to Mr. Bohigian. Mr. Bohigian appealed the Department's response to our office via email on December 5, 2018. Public Records Law 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.~ G. L. c. 66, § lO(a)(ii), (b)(ii). Also, the duty to comply with requests for records extends to 1dent1fymg the agency or mumc1pahty that may be m possess10n, custody, or comror------ of the public record sought, if known. See G. L. c. 66, § 1O (b) (iii). When withholding requested records, a records custodian is required to provide a response that identifies "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 exemption or exemptions upon which the withholding is based." G. L. c. 66, § 1O (b )(iv). Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. See G. L. c. 66, § lO(a); Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289- 90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). 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. SPR18/1895 Page 2 December 19, 2018 Appeal The Department stated in their November 2nd response to this office that they "provided all the records that [they] have found that are responsive to his request. After a diligent search, [they] have been unable to locate any other responsive records to his request." Mr. Bohigian responded to the Department's explanation saying "I am not satisfied with the MA State Police Custodian of Records incomplete, inadequate and ambiguous response to my requests for Policies, Records, Rules, Regulations and Protocol." Mr. Bohigian is specifically looking for "Policy on Chokehold Strangleholds." Mr. Bohigian goes on to reference articles in which the Department and the issue of chokeholds are mentioned. It is unclear based on Mr. Bohigian's new information if the Department possesses the responsive records pertaining to the role and title of a member of the Department. See G. L. c. 66, § 10(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, § IO(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, § 1 O(b )(iv) ( custodian has the burden of establishing the applicability of an exemption). Conclusion Accordingly, the Department is ordered to review the requests made by the requestor 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, --·----·-·-------------··----------------·~-----.~~~ftl-~-A-fl~cft---- Rebecca S. Murray Supervisor of Records cc: Charles Bohigian