Matthew Rocheleau v. Department of State Police - Office of the Chief Legal Counsel (SPR 20211656)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 19, 2021 SPR21/1656 Jennifer M. Staples, Esq. Massachusetts State Police 470 Worcester Road Framingham, MA 01702 Dear Attorney Staples: I have received the petition of Matthew Rocheleau 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.R. 32.08(1). On February 16, 2021, Mr. Rocheleau requested “State Police / Troop F payroll data for calendar years 2016-2020, including pay for State Police employees who worked both full-time and part-time for Troop F, that is in spreadsheet form and is broken down by year and has a separate column for [ten listed] pieces of information.” Previous Appeal This request was the subject of a previous appeal. See SPR21/0599 Supervisor of Records Determination (March 26, 2021). In my March 26th determination, I ordered the Department to provide Mr. Rocheleau with a response to his request. Subsequently, the Department provided a written response on June 4, 2021, including responsive records in redacted form. Unsatisfied with the Department’s response, Mr. Rocheleau appealed, and this case 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 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. SPR21/1656 Page 2 July 19, 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. Current Appeal In his appeal petition Mr. Rocheleau contends that: The department on June 4, 2021 provided responsive records but in PDF format rather than in the requested excel/csv/spreadsheet format. The department clearly converted the files from spreadsheet format to PDF format. While [Mr. Rocheleau] does not necessarily agree that the redactions the department is making are necessary or appropriate, [Mr. Rocheleau] to avoid further delay will not object if the department wants to just delete the column in question and then send the spreadsheets. In emails to the Department on June 4, 2021, and again on June 30, 2021, Mr. Rocheleau reiterated his request to the Department to “send [the records] as spreadsheets (Excel or CSV or something).” Preferred Format Please be advised that pursuant to the Public Records Law, “[t]he records access officer shall, to the extent feasible, provide the public record in the requestor’s preferred format or, in the absence of a preferred format, in a searchable, machine readable format.” See G. L. c. 66, § 6A(d). In his original request and subsequent communications with the Department, Mr. Rocheleau has repeatedly asked that the Department provide the responsive records in “excel/csv/spreadsheet format.” It is unclear why the Department is unable to provide the records in the requested format. The Department must clarify this. Conclusion Accordingly, the Department is ordered to provide Mr. Rocheleau with a response to his request, provided in a manner consistent with this order, the Public Records Law, and its Regulations 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 the response to this office at pre@sec.state.ma.us.

Jennifer M. Staples, Esq. SPR21/1656 Page 3 July 19, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Mark Arsenault