Craig P. Shibley v. Massachusetts State Police (SPR 20220485)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 15, 2022 SPR22/0485 Allison Mondello Primary RAO Massachusetts State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received a petition from Craig Shibley 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 November 11, 2021, Mr. Shibley requested, “[a] catalogue of all records … related to the 1951 murder of [an identified]… Trooper.” Previous appeals This request was the subject of previous appeals. See SPR21/3121 Determination of the Supervisor of Records (December 3, 2021); SPR22/0169 Determination of the Supervisor of Records (February 8, 2022) and SPR22/0269 Determination of the Supervisor of Records (February 24, 2022). The Department responded on March 1, 2022. Unsatisfied with the response, Mr. Shibley petitioned this office and this appeal, SPR22/0485, 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 agency or municipality 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 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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

Allison Mondello SPR22/0485 Page 2 March 15, 2022 The Department’s March 1st response In its March 1st response, the Department advised, “[t]he records that you seek to view are in the possession, custody and control of the Worcester County District Attorney’s office.” In a conversation between the Worcester County District Attorney’s Office (Office) and a staff attorney, the Office confirmed that it did not possess a catalog of the case file relating to the identified Trooper. See SPR22/0227 Determination of the Supervisor of Records (February 9, 2022). In light of the Office’s response that no catalog exists, the Department must clarify whether it possesses records responsive Mr. Shibley’s request. Conclusion Accordingly, the Department is ordered to provide Mr. Shibley with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Craig Shibley Sean W. Farrell, Esq.