Craig P. Shibley v. Massachusetts Department of State Police (SPR 20212107)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 31, 2021 SPR21/2107 Daniel Brunelli, Esq. Staff Counsel Massachusetts State Police 470 Worcester Road Framingham, MA 01702 Dear Attorney Brunelli: I have received the petition of Craig Shibley appealing the response of the Massachusetts 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 August 4, 2021, Mr. Shibley requested the following: 1. unredacted copies of both related emails sent to [Attorney Brunelli’s] attention which contained each attachment (from 5/14 & 8/03); 2. a list of the “Lead LEO” and “BackUp LEO” from 2013 - 2021 to include all “Current Assignment” field edit date metadata; Mr. Shibley notes that his request relates to “two screen shots of the ‘primary information’ and ‘case status’ fields related to [case number] 2013-xxx-xxxx.” The Department responded on the same day, providing a number of responsive records. Unsatisfied with the Department’s response, Mr. Shibley 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 establishing the applicability of an exemption). To meet the specificity requirement a custodian 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

Daniel Brunelli, Esq. SPR21/2107 Page 2 August 31, 2021 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 Mr. Shibley’s request and the issues raised 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. Current Appeal Accordingly, I will consider this administrative appeal closed. If Mr. Shibley is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, ·er .rJ ll . _ _ ~ .' .·· ·. . 1CWUC(J.. ,. Rebecca S. Murray Supervisor of Records cc: Craig Shibley