Jessica L. LaClair v. Massachusetts State Police (SPR 20221032)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 17, 2022 SPR22/1032 Allison Mondello Public Records Manager Massachusetts State Police Office of the Chief Legal Counsel 50 Maple Street Milford, MA 01757 Dear Ms. Mondello: I have received the petition of Attorney Jessica L. LaClair appealing the response of the Massachusetts State Police (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 24, 2022, Attorney LaClair requested “…all records…that relate to [an identified individual] or the investigation concerning Commonwealth v. Patton Flannery, Docket No. 11352 (1974), Hampshire Superior Court.” The Department responded on April 19, 2022. Unsatisfied with the response, Attorney LaClair petitioned this office and this appeal, SPR22/1032, was opened as 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

Ms. Allison Mondello SPR22/1032 Page 2 May 17, 2022 The Department’s April 19th Response In its response, the Department stated, “I am in the process of gathering and reviewing the documents you requested. I hope to have them to you soon.” Despite the Department’s response, it remains unclear what responsive records the Department possesses. The Department must identify what records it has in its possession, custody or control that are responsive to Attorney LaClair’s request. See G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3)(c)(4) (a records access officer must provide a written response that identifies the record, categories of records, or portions of the record it intends to withhold). As a result, I find that the Department did not satisfy its burden in responding to this records request. Conclusion Accordingly, the Department is ordered to provide Attorney LaClair with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 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: Jessica L. LaClair, Esq. Ms. Katie Darling