Amy L. Codagnone, Esq. v. Department of State Police - Office of the Chief Legal Counsel (SPR 20220863)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 27, 2022 SPR22/0862; SPR22/0863 Allison Mondello Massachusetts Department of State Police Office of the Chief Legal Counsel 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petitions of Attorney Amy Codagnone appealing the nonresponse of the Massachusetts Department of State Police (Department) to two requests for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On April 13, 2022, Attorney Codagnone requested 31 categories of records regarding all internal affairs investigations of identified individuals. Claiming to not yet have received responsive records, Attorney Codagnone petitioned this office and these appeals, SPR22/0862 and SPR22/0863, were 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 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 SPR22/0862; SPR22/0863 Page 2 April 27, 2022 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Order Despite being notified of the opening of these appeals, no responses have been provided. Accordingly, the Department is ordered to provide Attorney Codagnone with responses to these requests, 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: Amy Codagnone, Esq.