Andrew Quemere v. Hampden County District Attorney's Office (SPR 20222026)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 16, 2022 SPR22/2026 Joseph A. Pieropan, Esq. Records Access Officer Hampden County District Attorney’s Office Hall of Justice 50 State Street Springfield, MA 01102 Dear Attorney Pieropan: I have received the petition of Andrew Quemere appealing the response of the Hampden County District Attorney’s Office (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 2, 2022, Mr. Quemere requested: All data concerning law enforcement and corrections officer witnesses stored in the DAMION case management [database]. Please provide these data as a spreadsheet, preferably in Excel format (if data cannot be provided as a spreadsheet, please advise about what formats are available). In addition, Mr. Quemere requested that the records be provided in electronic, searchable and machine readable format. Mr. Quemere asks that the records be provided in a manner that preserves the original features. Also, to the extent feasible, Mr. Quemere asks that the records be provided as email attachments, and that Mr. Quemere declines to use an online portal to receive the records. In a June 2, 2022 response, the Office asked Mr. Quemere if he is willing to limit the request, listing the data for law enforcement and corrections’ officer witnesses stored in the DAMION case management database. Mr. Quemere asked whether the pieces of data provided in the list are stored by the Office in the DAMION database. Further, Mr. Quemere asked, “[a]re you able to provide specifications for the database so that I can see what types of information it stores prior to making my decision to limit my request?” In a June 7, 2022 email, the Office informed Mr. Quemere, [t]his Office’s disclosure of what types of information [DAMION] stores is not a necessary prerequisite to your public records request. Please consider refining your request as I suggested.” 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

Joseph A. Pieropan, Esq. SPR22/2026 Page 2 September 16, 2022 As a result of the June 7th email, on September 5th, Mr. Quemere petitioned the Supervisor of Records and this appeal was opened. In response to this appeal, the Office provided a September 7th response to Mr. Quemere and this office. As in the June 7th email to Mr. Quemere, the Office’s September 7th response again suggests that Mr. Quemere clarify his June 2nd request in the same manner that he did for the Witness Availability Form. 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). Based on the Office’s responses, it is unclear if it possesses records responsive to Mr. Quemere’s request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, §10(a)(ii). The Office must clarify this matter. Further, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). This office encourages the Office and Mr. Quemere to continue to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (an agency shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). Conclusion Accordingly, the Office is ordered to provide Mr. Quemere with a response to his request 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Andrew Quemere