Shannon Dooling v. Massachusetts State Police (SPR 20220129)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 28, 2022 SPR22/0129 David Procopio Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Mr. Procopio: I have received the petition of Shannon Dooling, Senior Reporter at WBUR, 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 December 21, 2021, Ms. Dooling requested: Electronic copies of all records between January 1, 2010 until December 21, 2021 regarding the cell site simulator (also known as stingray) equipment, including software, hardware and training expenses. Ms. Dooling also requests: any transactions, receipts and/or spreadsheets that show purchases made with proceeds from state civil asset forfeitures; and any transactions, receipts and/or spreadsheets that show purchases made with proceeds from federal civil asset forfeitures. Ms. Dooling would like to be provided with each file on a rolling basis, and provided electronically, in accessible format, including for screen readers. After not receiving a response within ten (10) business days, Ms. Dooling petitioned the Supervisor of Records (Supervisor), and this appeal was opened. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within 10 business days from receipt of the request. G. L. c. 66, § 10(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § 10(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Conclusion Despite being notified of the opening of this appeal, and being contacted by telephone by an attorney on my staff, no response has been provided. Accordingly, the Department is ordered to provide Ms. Dooling with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. A copy of the response must be 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

David Procopio SPR22/0129 Page 2 January 28, 2022 provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Dooling may appeal the substantive nature of the response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Shannon Dooling, WBUR