William E. Johnson v. Department of State Police (SPR 20240066)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 22, 2024 SPR24/0066; SPR24/0067; SPR24/0068 Allison Mondello Public Records Manager Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petitions of William Johnson appealing the nonresponse of the Massachusetts Department of State Police (Department) to three requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 5, 2023 and December 11, 2023, Mr. Johnson requested the following records: SPR24/0066 [1.] All documents, and correspondence, including but not limited to reports, memoranda, e-mails, notes, phone records, faxes and text messages, created or received by any current and past members of the Massachusetts State Police (MSP) Tow Compliance unit, the Massachusetts State Police Legal Counsel staff and [an identified individual], prior to his retirement and subsequent to his retirement, between any or all the above parties and any current or past employees, commissioners or consultants of the Massachusetts Department of Public Utilities for the period January 2018 to date, related to the involuntary towing of motor vehicles. [2.] All meeting dates, including, but not limited to any supporting documents or correspondence intended for discussion, consideration or background for said meetings, created or received by any current and past members of the Massachusetts State Police (MSP) Tow Compliance unit, the Massachusetts State Police Legal Counsel staff and [an identified individual], prior to his retirement and subsequent to his retirement, between any or all the above parties and any current or past employees, commissioners or consultants of the Massachusetts Department of Public Utilities for the period January 2018 to date, related to 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 SPR24/0066; SPR24/0067; SPR24/0068 Page 2 January 22, 2024 involuntary towing of motor vehicles. SPR24/0067 [1.] A copy of [an identified individual’s] current or past employment contracts, consulting contracts or other employment-related contracts for work on behalf of the Massachusetts State Police (MSP) for current and past services provided since his retirement as a Major in the department. [2.] A list of annual any and all compensation received by [an identified individual] by year for the years 2019, 2020, 2021, 2022, and 2023 year to date. SPR24/0068 [1.] All documents and correspondence, including but not limited to reports, memoranda, emails, notes, faxes and text messages, created or received by any current and past members of the Massachusetts State Police (MSP) Tow Compliance unit and [an identified individual], prior to his retirement and subsequent to his retirement, relating to potential and actual enforcement actions against MSP Tow Service Providers (TSP’s) for the period January 2018 to date. [2.] For the period January 1, 2018 to November 30, 2023, all documents and correspondence including, but not limited to reports, memoranda, e-mails, notes, faxes and text messages created or received by any current and past members of the MSP Tow Compliance unit, including [an identified individual] prior to his retirement and subsequent to his retirement; members of the MSP towing committees; other members of the MSP tasked with overseeing or participating in the MSP’s contracting with towing providers; and representatives, employees, agents or independent contractors for: the insurance industry, the trucking industry, third party dispatch industry and motor clubs. Claiming to not yet have received responsive records, Mr. Johnson petitioned this office and these appeals, SPR24/0066, SPR24/0067 and SPR24/0068 were opened as a result. Despite being notified of the opening of these appeals, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Mr. Johnson with a response to his requests, 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 response to this office at pre@sec.state.ma.us. Mr. Johnson may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Allison Mondello SPR24/0066; SPR24/0067; SPR24/0068 Page 3 January 22, 2024 Sincerely, Manza Arthur Supervisor of Records cc: William Johnson