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Matthew Ross v. Department of State Police (SPR 20242146)

Massachusetts Public Records Appeal · Public records appeal decision · Filed 07-29-2024

ClosedTime PetitionDecision

SPR 20242146 is a Massachusetts Public Records Law appeal filed by Matthew Ross concerning records held by Department of State Police, opened 07-29-2024. Type: Time Petition. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.

Case Details

Case Number
20242146
Case Type
Time Petition
Case Subtype
Initial
Status
Closed
Requester
Matthew Ross
Custodian
Department of State Police
Date Opened
07-29-2024
Date Closed
08-05-2024

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 5, 2024 SPR24/2146 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 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, Matthew Ross. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On July 24, 2024, Mr. Ross requested, “dataset covering all data on calls for service and computer-aided dispatch (CAD), including location, priority, description of incident or type of crime, demographic information of the caller, the badge number of the call-taker, dispatcher and responder officer, the times at which the call was received, officers were dispatched, officers arrived, and the incident was resolved, any notes associated with the call, and any other available data from the Massachusetts State Police from January 1, 2010 (or earliest available) to December 31, 2023 (or latest available).” 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; 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 SPR24/2146 Page 2 August 5, 2024 (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: This request involves records spanning a 13 year time frame and may requiring reaching out to multiple divisions to ensure all records have been gathered. Depending on the information obtained and how that information is formatted, additional steps may be necessary for review and redaction. 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 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, Mr. Ross 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).

Allison Mondello SPR24/2146 Page 3 August 5, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Matthew Ross