Michael J. Heineman v. Department of State Police (SPR 20232180)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 26, 2023 SPR23/2180 Allison Mondello Public Records Manager Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Attorney Michael J. Heineman, of Heinlein, Beeler, Mingace & Heineman, PC, appealing the nonresponse of the Department of State Police (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 3, 2023, Attorney Heineman requested “…all records relating to the interactions between Massachusetts State Troopers and [an identified individual] on August 6, 2021 ... includ[ing] but not limited to: [1.] All handwritten notes by any of the three troopers; [2.] Documents which show the identities of the three troopers [3.] All notes of any investigations into the interactions (including the report of [an identified individual]); [4.] All logs showing the activities of the three troopers for the time period 12:01 am on 8/6/2021 through 3:00 am on the same day; [5.] All reports, including use of force reports, inventory search reports, and incident reports authored by any State Trooper relative to [an identified individual] or [an identified vehicle]; [6.] All reports of discipline to any of the three troopers involved.” Claiming to not yet have received responsive records, Attorney Heineman petitioned this office and this appeal, SPR23/2180, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Attorney Heineman with a response to his 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 the 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 SPR23/2180 Page 2 September 26, 2023 response to this office at pre@sec.state.ma.us. Attorney Heineman may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Michael J. Heineman, Esq.