Christopher Batinsey v. Department of State Police (SPR 20242104)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 7, 2024 SPR24/2104 Allison Mondello Public Records Manager Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Attorney Christopher Batinsey 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 June 25, 2024, Attorney Batinsey requested the following: [1.] All records reflecting the dates on which Motorola provided training to the MSP related to the use of their Callyo and 10-21 products[;] [2.] All records containing or reflecting contracts, agreements, procurements, budgeting, or expenditure regarding each of the trainings provided by Motorola related to the use of their Callyo and 10-21 products[;] [3.] All records containing or reflecting the MSP personnel who attended each of the trainings provided by Motorola related to the use of their Callyo and 10-21 products[;] [4.] All records containing or reflecting money spent o[n] food, drinks, and alcohol by MSP personnel who attended trainings provided by Motorola related to the use of their Callyo and 10-21 products[;] [5.] All records reflecting the date(S) on which Callyo provided training to the MSP related to the use of their Callyo and 10-21 products[;] [6.] All records containing or reflecting contracts, agreements, procurements, budgeting, or expenditures regarding each of the trainings provided by Callyo related to the use of their Callyo and 10-21 products[;] [7.] All records containing or reflecting the MSP personnel who attended each of the trainings provide by Callyo related to the use of their Callyo and 10-21 products[;] [8.] All records containing or reflecting money spent on food, drinks, and alcohol by MSP personnel who attended trainings provided by Callyo related to the use of 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 SPR24/2104 Page 2 August 7, 2024 their Callyo and 10-21 products[;] [9.] All records containing or reflecting the name(s) of Motorola representatives who provided training to the MSP related to the use of their Callyo and 10-21 products[;] [10.] All records containing or reflecting contracts the name(s) of Motorola representatives who provided training to the MSP related to the use of their Callyo and 10-21 products[;] [11.] All records containing or reflecting contracts, agreements, procurements, budgeting, or expenditure regarding SHI international Corp.[;] [12.] All records containing or reflecting contracts, agreements, procurements, budgeting, or expenditure regarding Callyo 2009 Corp.[;] [13.] All records containing or reflecting contracts, agreements, procurements, budgeting, or expenditure regarding Motorola Solutions, Inc.[;] [14.] All records containing or reflecting an opinion on the legality in Massachusetts of Callyo and 10-21 products, provided to the MSP by Motorola[;] [15.] All records containing or reflecting an opinion on the legality in Massachusetts of Callyo and 10-21 products, provided to the MSP by Callyo[;] [16.] All records containing or reflecting the undercover drug investigation course known as “Top Gun”[;] [17.] All records containing or reflecting the name(s) of MSP personnel who created drafted, and finalized the PowerPoint training related to the use of covert record technology[;] [18.] All records containing or reflecting communications from Jan. 1, 2014 through present, between [identified individuals] the United States Attorney’s Office, Massachusetts Attorney General’s Office and prosecutor’s offices for the counties of Bristol, Cape & Islands, Essex, Hampden, Middlesex, Norfolk, Northwestern, Plymouth, Suffolk, and Worcester[;] [19.] All records containing or reflecting communications, from Jan. 1, 2014 through present between the MSP personnel identified in request No. 18[;] [20.] All audio and video files stored in all MSP Callyo accounts[;] [21.] All records containing or reflecting deleted audio and video file which was once stored in an MSP Callyo account[;] [22.] All records containing or reflecting deleted audio and video file which was once stored in an MSP Calyo account[;] [23.] The name(s), identity of each manufacturer(s) and invoice(s) for all covert listening or surveillance devices, applications, or programs[;] [24.] All audio and video files for each covert listening or surveillance devices, applications, or programs identified in Request No.23[;] [25.] All records containing or reflecting deleted audio and video file which was once stored in a covert listening or surveillance device, application, or program identified in Request No. 23[;] [26.] All records containing or reflecting each request for public records, containing the words “Motorola”, “Callyo”, or “SHI”, which were submitted to

Allison Mondello SPR24/2104 Page 3 August 7, 2024 the MSP records access officer, from March 28, 2023 to present, and maintained pursuant to G.L. c. 66 § 6A(e) and/or (f)[.] Claiming to not yet have received responsive records, Attorney Batinsey petitioned this office and this appeal, SPR24/2104, 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 Batinsey 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 response to this office at pre@sec.state.ma.us. Attorney Batinsey 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: Christopher Batinsey, Esq.