Christine McCue Potts v. Department of State Police (SPR 20242121)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 7, 2024 SPR24/2121 Allison Mondello Records Access Officer Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Christine McCue Potts 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 June 8, 2024, Ms. Potts requested, “State Police records related to incidents associated with [a specified address] on June 6 and 7, 2024.” The Department responded on July 22, 2024, providing a redacted record. Unsatisfied with the response, Ms. Potts petitioned this office and this appeal, SPR24/2121, was opened as a result. 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, § l0A(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 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 SPR24/2121 Page 2 August 7, 2024 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. The Department’s July 22nd response In its July 22, 2024 response, the Department provided a record and cited Exemption (a) of the Public Records Law to redact information. Current Appeal In her appeal, Ms. Potts states the following: M.G.L. c. 41, § 97D only deals with protection of victim and witness confidentiality. I am appealing the response because I don’t believe the investigative report is the only MA State Police record in the agency’s possession associated with the incidents as noted – that there would also be other records, such as MA State Police dispatch report that contains the basic reason for its involvement, as well as a court case referral, among other records, that are not exempt from disclosure by statute. I am not seeking any personally identifiable information, but as a local journalist, I am only trying to determine if what took place on June 6 and/or 7 posed a threat to public safety… … I am respectfully requesting that MA State Police provide other responsive records based on my original request. Based on Ms. Potts’ appeal, it is unclear if the Department possesses any additional records responsive to the request. 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). Custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). The Department must clarify whether it possesses additional records responsive to the request. Conclusion Accordingly, the Department is ordered to provide Ms. Potts 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 the 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. Potts may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Allison Mondello SPR24/2121 Page 3 August 7, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Christine McCue Potts