William J. Duclos v. Wellpath - Inmate Healthcare (SPR 20191954)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

September 24, 2019 SPR19/1877

Pamela Rautenberg

Department of State Police

Office of the Chief Legal Counsel 470 Worcester Road Framingham, MA 01702

Dear Ms. Rautenberg:

I have received the petition of Marc Aldana appealing the response of the Department of State Police (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.LR. 32.08(1). Specifically, Mr. Aldana requested: “[a]ll police reports of thermite’s use as a burglary tool as defined under Massachusetts General Laws Chapter 266 Section 49.”

Prior appeals

The responsive records were the subject of prior appeals. See SPR19/1403; SPR19/1498 Determinations of the Supervisor of Records (Supervisor) (July 25 and August 6, 2019). Whereas SPR19/1403 was opened due to a non-response to the request, I closed SPR19/1403 by ordering the Department to provide Mr, Aldana with a response to his request.

In its July 22" response, the Department denied the request in its entirety under Exemption (a) and the Criminal Offender Record Information Act (COR]); the privacy clause of Exemption (c) and Exemption (f). As a result, Mr. Aldana petitioned the Supervisor and SPR19/1498 was opened. In my August 6" determination, I ordered the Department to provide a further response.

On September 12", the Executive Office of Public Safety and Security - Department of Fire Services (Fire Services) provided Mr. Aldana with a response that was originally received by the Department of State Police, The September 12" response of Deputy General Counsel Glenn R. Rooney at Fire Services indicates that the request was forwarded to Fire Services from the Department.

Fire Services’ September 12" response states, “[a]fter a diligent search of our records, it has been determined that the [Fire Services], does not have any records responsive to [Mr.

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

Pamela Rautenberg SPR19/1877 Page 2 September 24, 2019

Aldana’s] request.” Current appeal

As a result of a September 12" response from Fire Services pertaining to his request to the Department, Mr. Aldana appealed, and the current appeal was opened. In his petition, Mr. Aldana asserts, “I received the response...from the Fire [Services], it is my position that this is not acceptable. My inquiry is to the [Department], specifically for them to search their own records, not the [Fire Services].”

In its July 22" response, the Department claimed exemptions without explaining whether it is in possession, custody or control of the public records requested by Mr. Aldana or identifying with specificity how the exemptions allow for the withholding of any responsive records in their entirety. I find that the Department did not meet its burden in responding to Mr. | Aldana’s request.

Order

Accordingly, the Department is ordered to provide Mr. Aldana with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within 10 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.

lesen

Rebecca S. Rabecea ' Supervisor of Records

cc: Mare Aldana Sean Farrell, Esq., Department of State Police