Patrick J. Mason v. Department of State Police - Division of Administrative Services (SPR 20200326)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 5, 2020 SPR20/0326 Keith A. Paquette, Esq. Department of State Police 470 Worcester Road Framingham, MA O1 702 Dear Attorney Paquette: I have received the petition of Patrick J. Mason appealing the nonresponse 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, on February 3, 2020 Mr. Mason requested, "a copy of a Hard Drive which was obtained and secured in H-2 evidence Locker at H-2 SP Framingham by an [identified individual] on January 12, 2017 with relation of a Bus Accident that occurred on January 11, 2017 on I-95/RT 128 South of exit 26/RT20." Mr. Mason further adds, "I am also requesting GPS data of the school bus also secured by [a n identified individual] during his investigation and any photos." The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all govermnental records 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. Subsequent to the intervention by a member of the Public Records Division, I learned that the Department is aware of this request and is working on a response. As of the date of this letter, it is my understanding that the Department has not provided Mr. Mason a response to his request for 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

Keith A. Paquette, Esq. SPR20/0326 Page 2 March 5, 2020 Conclusion Accordingly, the Department is ordered to provide Mr. Mason with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. 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: Patrick J. Mason