Elise Lambert v. Massachusetts Department of State Police (SPR 20240951)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 9, 2024 SPR24/0951 Allison Mondello Public Records Manager Office of the Chief Legal Counsel Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Elise Lambert of Committee for Public Counsel Services, appealing the response 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 February 7, 2024, Ms. Lambert requested the following: [1] A list of all police officers currently or formerly employed by the [Department] who attended any courses conducted by [identified companies;] [2] A list of all police officers currently or formerly employed by the [Department] who attended any training taught by [identified individuals;] [3] Any invoices or receipts showing payments from the [Department] to any of the above-named training companies/individuals[;] [4] Any invoices or receipts showing proof of reimbursement to officers who paid to attend any trainings conducted by any of the above-named training companies/individuals [;] [and,] [5] A list of all police officers employed by the [Department] are planning on attending any upcoming training(s) conducted by any of the above-named training companies/ individuals. Prior Appeal The requested records were the subject of a prior appeal. See SPR24/0712 Determination of the Supervisor of Records (March 15, 2024). In my March 15th determination, I closed the appeal after I learned that the Department provided Ms. Lambert with a response dated March 11, 2024. Unsatisfied with the Department’s response, Ms. Lambert petitioned this office and this appeal, SPR24/0951, was opened as a result. While this appeal was pending, the Department 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 SPR24/0951 Page 2 April 9, 2024 provided a supplemental response of April 1, 2024. 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. 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. 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. Lambert states, “[s]ince the email exchange on March 11, 2024, I have not received any other communications or responses from the [Department] related to [the February 7th request]. We respectfully ask that the Supervisor order the [Department] to produce the requested records … and remind the [Department] that they must do so with all fees waived due to their failure to provide a timely response that comports with the requirements of G. L. c. 66, § 10(b).” The Department’s April 1st Response Subsequent to the opening of this appeal, on April 1, 2024, the Department provided Ms. Lambert with a response stating, “… I am diligently working on your request and have reached out to the appropriate parties to obtain the records you are seeking that are in their possession. You will receive said records once they are obtained from their respective divisions and/or sections.” Please be advised that 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). Further, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to

Allison Mondello SPR24/0951 Page 3 April 9, 2024 assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5); see also G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the Department is ordered to provide Ms. Lambert with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 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. Ms. Lambert may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Elise Lambert