Asim Amran v. Department of State Police - Office of the Chief Legal Counsel (SPR 20222828)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 21, 2022 SPR22/2828 Allison Mondello Primary Records Access Officer Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Asim Amran appealing the response of the Department of State Police (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 30, 2022, Mr. Amran requested: All MSP reports and transcripts of interviews of the following individuals pertaining to Comm V. Amran: [1.] [named persons] of Oxford, MA[;] [2.] [named person] of Thompson, CT[;] [3.] [named person] of Worcester, MA[;] [4.] All pictures recovered from and all cell phones and laptops confiscated[;] [5.] Any and all emails between the District Attorney/s office and the MSP pertaining to the above individuals[;] [6.] Any and all handwritten notes by MSP pertaining to all of the [identified] … individuals[.] Prior Appeal This request was the subject of a previous appeal. See SPR22/2201 Determination of the Supervisor of Records (October 7, 2022). The Department responded on September 29, 2022. Unsatisfied with the response, Mr. Amran petitioned this office, and this appeal, SPR22/2828, 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, § l0A(d); 950 C.M.R. 32.03(4). “Public 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 SPR22/2828 Page 2 December 21, 2022 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. 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. The Department’s September 29th Response In its September 29, 2022 response, the Department stated, “[i]n order to properly research your request, the Department requests additional information about the requested records…” Following the Department’s response, Mr. Amran provided the information in a letter dated October 5, 2022. Current appeal In his appeal, Mr. Amran states, “I have provided [the Department] all info requested by them with no response.” Where Mr. Amran has provided additional information regarding his request, it is unclear if the Department possesses any records responsive to the 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). 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). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Mr. Amran 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 the 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. Mr. Amran may appeal the substantive nature of the Department’s response within ninety (90) days.

Allison Mondello SPR22/2828 Page 3 December 21, 2022 See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Asim Amran