Frank Wood v. Massachusetts Peace Officer Standards and Training Commission (SPR 20230002)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 17, 2023 SPR23/0002 Randall E. Ravitz, Esq. General Counsel Peace Officer Standards and Training Commission 100 Cambridge Street Boston, MA 02114 Dear Attorney Ravitz: I have received the petition of Frank Wood appealing the response of the Peace Officer Standards and Training Commission (Commission) to a request for public records. G. L. c. 66, §10A; see also 950 C.M.R. 32.08(1). On December 21, 2022, Mr. Wood requested a Docket report for a named individual sent to the Commission. On December 29, 2022 the Commission responded. Unsatisfied with the Commission’s response, Mr. Wood petitioned this office and this appeal, SPR23/0002, 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 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) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding is based…”); 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). The Commission’s December 29th response In its December 29, 2022 response, the Commission provided Mr. Wood with a link to 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

Randall E. Ravitz, Esq. SPR23/0002 Page 2 January 17, 2023 the publicly available docket. Current appeal In his appeal, Mr. Wood asserts, “…we asked for the electronic version of the docket report as received by the post commission. We did not ask for the publicly available docket, as the copy the POST commission received is not the same as the non-downloadable files shown as images only on the public portal.” Based on the Commission’s response, in conjunction with Mr. Wood’s appeal, it is unclear if the Commission possesses additional records responsive to the request, particularly, the electronic version of the docket report. 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 Commission must clarify this matter. Conclusion Accordingly, the Commission is ordered to provide Mr. Wood with a response to the request, provided 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 this response to this office at pre@sec.state.ma.us. Mr. Wood may appeal the substantive nature of the Commission’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Frank Wood