Jordan M. Rice v. Department of State Police - Crime Lab (SPR 20202243)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 2, 2020 SPR20/2243 Darina Griffin, Esq. Department of State Police Crime Lab 124 Acton Street Maynard, MA 01754 Dear Attorney Griffin: I have received the petition of Jordan Rice appealing the response of the Department of State Police Crime Lab (Department) to a request for public records. G. L. c. 66, §10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Rice requested 17 categories of records related to an identified criminal case. Previous appeals This request was the subject of previous appeals. See SPR 19/1087 Determination of the Supervisor of Records (June 13, 2019); SPR19/1398 Determination of the Supervisor of Records (July 30, 2019); SPR19/1898 Determinations of the Supervisor of Records (October 1, 2019; November 5, 2019); SPR20/0107 Determination of the Supervisor of Records (February 3, 2020); SPR20/0428 Determination of the Supervisor of Records (March 13, 2020); SPR20/0709 Determination of the Supervisor of Records (May 13, 2020); SPR20/0847 Determination of the Supervisor of Records (June 9, 2020); SPR20/l139 Determination of the Supervisor of Records (July 24, 2020); SPR20/1837 Determination of the Supervisor of Records (October 13, 2020). In my October 13th determination I found that it was unclear if the Department was withholding responsive records. I ordered the Department to identify any records that are currently being withheld and the specific reason for withholding the records. The Department responded on October 26th and referred to previous determinations that identified the records they were withholding and the rationale for withholding them. Unsatisfied with the response, Mr. Rice petitioned this office, and SPR20/2243 was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, §10A(d); 950 C.M.R. 32.03(4). “Public 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

Darina Griffin, Esq. Page 2 SPR20/2243 December 2, 2020 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, § 10(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 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). The Department’s October 26th response On October 26, 2020, the Department denied Mr. Rice’s request stating those records were exempt from disclosure pursuant to G. L. c. 4 §7(26)(a), (c), and (f). In its October 26th response, the Department states, “[t]he Department has answered your question on multiple occasions and has identified the responsive materials its custody. Furthermore the Department has also indicated exactly what has been withheld or redacted from those records and has indicated the exact exemption that applies pursuant to G.L. c. 4, §7(a), (c) and (f). The Department has also indicated that the Department is not in possession of any additional materials. See response letter dated March 27, 2020. The Department has complied with the Supervisor of Records decision as stated in SPR19/1898 by removing or withholding all of the segregable portions of the records which are exempted pursuant to the public records law and has provided an explanation for each of the exemptions that apply.).” Records withheld in their entirety In light of Mr. Rice's appeal, and despite the Department's responses, it is unclear if the Department is withholding any responsive records in their entirety. If any responsive records are being withheld in their entirety, the Department must indicate which records they are withholding and claim an exemption, as well as provide specific reasons as to how the exemption applies. See G. L. c. 66, § 10(b)(iv). Conclusion Accordingly, the Department is ordered to provide Mr. Rice with a response to the request, provided 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.

Darina Griffin Page 3 SPR20/2243 December 2, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: Jordan Martell Rice