Megan Mauskapf v. Department of State Police (SPR 20242408)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 29, 2024 SPR24/2408 Allison Mondello Public Records Manager Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: On August 23, 2024, this office received the petition of Alyssa Gough, 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, Megan Mauskapf, of the American Civil Liberties Union of Massachusetts. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On August 14, 2024, Ms. Mauskapf requested: [1.] Records reflecting any interactions between MSP personnel and individuals soliciting financial contributions from motorists in Worcester or Millbury since April 1, 2023 including those seeking contributions from motorists on Route 20 in Worcester or Millbury and/or near the intersections of Routes 146, Route 20 and the Mass Pike, or those seeking contributions on or near any ramp to or from the Mass Pike in Millbury or Worcester… [2.] Records reflecting anytime since April 1, 2023, that an MSP Trooper, including but not limited to [an identified individual], flashed their lights or chirped a siren or took other steps to alert a person or persons seeking funds from motorists to the presence of the Trooper or to induce the individual seeking funds to cease their activity. [3.] Records created by or distributed to any MSP personnel since December 2020, containing, describing, or referring to any rules, policies, practices, or instructions conveyed by or to MSP personnel concerning whether, when or under what circumstances or conditions individuals can or cannot seek donations from motorists or others, including but not limited to those on Route 20 in Worcester or Millbury and/or near the intersections of Routes 146, Route 20 and the Mass Pike 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 SPR24/2408 Page 2 August 29, 2024 and/or on or near entrances, exits or ramps to or from the Mass Pike. [4.] Records discussing, containing, describing, or referring to any law, regulation or policy prohibiting the seeking of donations on Route 20 in Worcester or Millbury and/or near the intersections of Routes 146, Route 20 and the Mass Pike and/or near entrances, exits or ramps to or from the Mass Pike. [5.] Records discussing the case of Massachusetts Coalition for the Homeless v. City of Fall River, 486 Mass. 437 (2020), including any guidance or direction about this case provided to MSP personnel. 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 additional 20 days to respond to this requestor” and provides the following information in support of its request:

Allison Mondello SPR24/2408 Page 3 August 29, 2024 This request involves records spanning several years and will require reaching out to multiple divisions to ensure all records have been gathered. Additional steps will likely be necessary to sort through provided records and locate those that are responsive to the request as well as make any necessary redactions. Given the large scope of this request, the potentially high volume of records, and the time needed to coordinate with other divisions and review and redact 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 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, Ms. Mauskapf 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: Megan Mauskapf