Vincent Bongiorni v. Department of State Police (SPR 20241840)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 1, 2024 SPR24/1840 Allison Mondello Public Records Manager Massachusetts Department of State Police 470 Worcester Road Framingham, MA, 01702 Dear Ms. Mondello: On June 24, 2024, this office received your petition on behalf of the Massachusetts Department of State Police (Department) seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Department furnished a copy of the petition to the requestor, Attorney Vincent Bongiorni. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On June 10, 2024, Attorney Bongiorni requested: . . . records for the time period of August 20, 2020 through present concerning the arrest of [a named individual] by MSP Trooper[s] ... and the discovery of [the individual’s] body on October 22, 2020 at or near ... Holyoke, MA: a. All documents, including but not limited to reports, notes, memoranda, photographs, and communications; b. Communications with the District Attorney’s Office and other prosecuting or law enforcement agencies and representatives thereof; c. Communications, memoranda, notes, records and reports with or from hospitals, emergency medical services, or medical professionals; d. Notes, reports, memoranda, video or audio recordings, transcripts, regarding witness or victim interviews; e. All documents, including but not limited to reports, notes, memoranda, tips, complaints, and communications, search warrants, arrest warrants, and administrative subpoenas; f. All physical, forensic, and other evidence; g. Results, notes, reports, memoranda, communications, and/or receipts concerning forensic testing and physical evidence; and, h. Subpoenas, summons, and other communications with witnesses, suspects, and potential witnesses. 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 SPR24/1840 Page 2 July 1, 2024 Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its petition, the Department requests an extension of time of 20 business days. In support of its request the Department provides the following information: He has requested a broad scope of records pertaining to the arrest and subsequent death investigation of [an identified individual]. Given the large scope of this request, the high volume of potentially responsive records, and the time needed to coordinate with other agencies to gather and review all potentially responsive records, we are seeking an additional 20 days to respond to this requestor. In light of the need to collect, segregate and examine the records, as well as the capacity of the Department to produce the records without an extension, the Department has established

Allison Mondello SPR24/1840 Page 3 July 1, 2024 good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Department is granted an extension of 20 business days. Conclusion As described above, I find that the Department has established good cause for a time extension of 20 business days. Please note, Attorney Bongiorni has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, §§ 10(c), 10(d)(iv)(4), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Vincent Bongiorni, Esq.