Sarah L. Ryley v. Department of Criminal Justice Information Services (SPR 20222910)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 5, 2023 SPR22/2910 Agapi Koulouris, Esq. General Counsel Department of Criminal Justice Information Services Legal Department 200 Arlington Street, Suite 2200 Chelsea, MA 02150 Dear Attorney Koulouris: I have received the petition of Sarah Ryley, of the Boston Globe, appealing the response of the Department of Criminal Justice Information Services (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 17, 2022, Ms. Ryley requested the following: [D]ata in .CSV format on firearms applications from 2006 through the most recent date available when [the] data is generated. . . . exactly as it is provided online as a .CSV ... but with these additions:  Through the most recent date available.  Include fields containing the business name, when applicable, for the licenses to sell/rent/lease firearms, rifles shotguns or machine guns; licenses to sell ammunition; and licenses to perform services as a gunsmith.  Include the field with the occupation of the licensee. Following subsequent correspondence, on December 13, 2022, the Department responded stating that it “will provide [Ms. Ryley] an update on the status of the data request during the week of December 27th.” Having received no further correspondence, Ms. Ryley appealed, and this case 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 agency or 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

Agapi Koulouris, Esq. SPR22/2910 Page 2 January 5, 2023 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. Att’y 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 her appeal petition, Ms. Ryley indicates that she believes the Department may be “apparently confusing this request with [her earlier] request for firearms transactions data.” The Department’s December 13th Response In its December 13, 2022 response, the Department states that it “will provide [Ms. Ryley] an update on the status of the data request during the week of December 27th.” G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of a request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records ... and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Ms. Ryley submitted her request on November 17, 2022, and the Department has not provided a timeframe in which it intends to produce records, I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). See also G. L. c. 66, § 10(a) (records must be provided without unreasonable delay).

Agapi Koulouris, Esq. SPR22/2910 Page 3 January 5, 2023 Conclusion Accordingly, the Department is ordered to provide Ms. Ryley with a response to her request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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: Sarah Ryley