Craig P. Shibley v. Department of State Police - Office of the Chief Legal Counsel (SPR 20211647)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 16, 2021 SPR21/1647; SPR21/1707 Jennifer M. Staples, Esq. Office of the Chief Legal Counsel Massachusetts State Police 470 Worcester Road Framingham, MA 01702 Dear Attorney Staples: I have received two petitions from Craig Shibley appealing the responses of the Department of State Police (Department) to requests for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 10, 2021, Mr. Shibley requested “the following related to Master Case Report 2013-115-0329: A complete catalogue of those interviewed by investigators related to this 70-year-old cold case.” On June 15, 2021, Mr. Shibley requested “[a] copy of [a named trooper’s] case file: all reports, crime scene images, interview transcripts, etc.” Previous Appeals Both requests were the subject of previous appeals. See SPR21/1628 Supervisor of Records Determination (July 6, 2021); SPR21/1587 Supervisor of Records Determination (July 9, 2021). In my July 6th determination, I closed SPR21/1628 in light of the Department’s July 2, 2021 response. In my July 9th determination, I closed SPR21/1587 in light of the Department’s July 7, 2021 response. Unsatisfied with the Department’s responses, Mr. Shibley appealed, and these cases were 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 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); 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 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

Jennifer M. Staples, Esq. SPR21/1647; SPR21/1707 Page 2 July 16, 2021 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. Referred to the Office of the Attorney General It is my understanding that the subject matter of both requests and the issues raised in Mr. Shibley’s appeals are similar to those addressed in SPR19/2115 Determinations of the Supervisor of Records (October 29, 2019; December 4, 2019; January 21, 2020) and other related appeals. Please note that on February 5, 2020, I referred this matter to the Office of the Attorney General (AGO) for enforcement. In light of this referral, I decline to provide a determination as to the public status of the requested records at this time pending a resolution to the AGO’s review. Conclusion Accordingly, I will consider both administrative appeals closed. If Mr. Shibley is not satisfied with the resolution of these administrative appeals, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, - . · I - . . , ·. .- · .. ~ Rebecca S. Murray Supervisor of Records cc: Craig Shibley Sean W. Farrell, Esq. Christine M. Dowling, Esq.