Jose L. Negron v. Hampden County District Attorney's Office (SPR 20222506)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 18, 2022 SPR22/2506 Joseph A. Pieropan, Esq. Records Access Officer Hampden County District Attorney’s Office 50 State Street Springfield, MA 01102 Dear Attorney Pieropan: I have received the petition of Jose L. Negron 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 September 6, 2022, Mr. Negron requested the following: 1. Under what Department [are] those [named officers] from? 2. From and to what Year does the “Brady List” goes back to… 3. Does the Holyoke Police Department From 1998-1999 Police Misconduct of [named officers] Prior Appeal The requested records were the subject of a prior appeal. See SPR22/2392 Determination of the Supervisor of Records (November 1, 2022). In my November 1st determination, I closed the appeal after the Office provided a response to Mr. Negron on October 26, 2022. Unsatisfied with the Office’s response, Mr. Negron petitioned this office and this appeal, SPR22/2506, 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 town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). 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. SPR22/2506 Page 2 November 18, 2022 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. 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. Current Appeal In his current appeal, Mr. Negron claims that the Office failed to provide him with all the records responsive to his request. The Office’s October 26th response In its October 26, 2022 response, the Office cited its previous responses and indicated that it had provided all responsive records to the request. The Office further indicated that part three of the request was not understandable and therefore they could not respond to that part of the request. No Duty to Answer Questions, Conduct Research Mr. Negron is advised that 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). However, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Where Mr. Negron submitted to the Office a list of questions, I find the Office has no duty under the Public Records Law to answer such questions. Conclusion Accordingly, I will consider this administrative appeal closed. If Mr. Negron wishes to submit a request for public records to the Office, and is unsatisfied with the response, he may appeal that response within ninety (90) days. See 950 C.M.R. 32.08(1).

Joseph A. Pieropan, Esq. SPR22/2506 Page 3 November 18, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Jose L. Negron