Craig P. Shibley v. Massachusetts State Police (SPR 20220654)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 31, 2022 SPR22/0654 Allison Hynes, Esq. Records Access Officer Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Attorney Hynes: I have received the petition of Craig Shibley appealing the response of the Department of the State Police (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 21, 2022, Mr. Shibley requested, “a copy of Case Master 2012- 115-0065 (closed case).” 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. The Department’s March 7th Response On March 7, 2022, the Department provided a responsive record redacted pursuant to Exemptions (a), (c), and (f) of the Public Records Law. The Department also stated: 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 Hynes, Esq. SPR22/0654 Page 2 March 31, 2022 The Department considers your request as a submission pursuant to G.L. c. 66, §10, the Massachusetts Public Records Law. The Department’s position is that the report is an ACISS record, in the possession, custody, and control of the Worcester County District Attorney’s Office. However, after consultation with the Worcester County District Attorney's Office's, the Department has been given permission to release the responsive report to you with redactions. The Department has provided you a copy of case master report #2012-115-0065, subject to the redactions described below. Current Appeal In his current appeal, Mr. Shibley stated: The Worcester SPDU's investigation spanned more than 15-months yet according to Paquette's response one is to believe only the CIR exists…The Investigative Report is but a small piece of Case Master 2012-115-0065. An initial investigation preceded this one. A report, and related ACISS entries, must exist. Furthermore, ACISS fields, such as Case Activity, Reports, Tips/Tasks, must have entries (related to more records). The provided Investigative Report also had "attached reports" yet these records were not provided - and I should add no Exemption was cited. With respect to the CIR [and its attached reports] I'm seeking [a list of certain records]… Not cited within this report, I'm also seeking copies (written & recorded) of interviews with [certain individuals and entities]. Lastly, I'm seeking the date which [a certain trooper] "initiated the Grand Jury Investigation" [p.6] - which should have been logged in ACISS. Based on the Department’s response, it is unclear if it possesses additional records responsive to the above request. Specifically, the Department must clarify whether it possesses attachments identified by Mr. Shibley relating to the record that the Department provided. 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.

Allison Hynes, Esq. SPR22/0654 Page 3 March 31, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Craig Shibley