Nicholas Jackman v. Massachusetts Department of State Police (SPR 20232117)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 19, 2023 SPR23/2117 Allison Mondello Public Records Manager Office of the Chief Legal Counsel Department of State Police 50 Maple Street Milford, MA 01757 Dear Ms. Mondello: I have received the petition of Nicholas Jackman, appealing the response of the Department of State Police (Department) to his request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 12, 2022, Mr. Jackman requested the following records: [a]ny and all documents for Certification of Calibration records for the radar unit used and assigned to the vehicle used during the citation. As well as any and all documents for Certification of Calibration records for the vehicle’s speedometer for the assigned vehicle used during the citation. Please include most recent records prior to the citation and the day of the citation. The Department provided a response on July 6, 2023. Unsatisfied with the response, Mr. Jackman petitioned this office and this appeal, SPR23/2117, 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); 950 C.M.R. 32.06(3); see also Dist. 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 SPR23/2117 Page 2 September 19, 2023 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. Current appeal In his appeal, Mr. Jackman states that he “requested specifically copies of Certification of Calibration for the Radar unit assigned to a specific squad car. However, the records [he] received were inaccurate and incorrect, as [he] received records for the LIDAR (laser) unit.” The Department’s July 6th response In its July 6, 2023 response, the Department provided Mr. Jackman with a copy of a LIDAR Certification for a specific State Trooper. Unclear if additional records exist Although the Department provided Mr. Jackman with a record, based on his appeal, it is unclear if the Department possesses additional 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). Consequently, the Department must clarify whether additional records exist. Conclusion Accordingly, the Department is ordered to provide Mr. Jackman 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. Sincerely, Manza Arthur Supervisor of Records cc: Nicholas Jackman