Brett-Ashleigh George v. Massachusetts Department of State Police (SPR 20242565)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 25, 2024 SPR24/2565 Allison Mondello Public Records Manager Office of the Chief Legal Counsel Massachusetts State Police 50 Maple Street Milford, MA 01757 Dear Ms. Mondello: I have received the petition of Brett-Ashleigh George, Esq., of the Committee for Public Counsel Services, 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 August 5, 2024, Attorney George requested: [1] The nature of any charges against [an identified trooper] in any Internal Affairs investigations for the most recent ten (10) years of his employment with the Plymouth County State Police Department; [2] The results of any completed Internal Affairs investigations involving [an identified trooper] for the most recent ten (10) years of his employment, including interviews, reports, conclusions and recommendations; [3] Any and all complaints filed or received by civilians, co-workers and/or superiors involving [an identified trooper] for the most recent ten (10) years of his employment; [4] All police reports, field interrogation reports, traffic citations, written motor vehicle warnings, and search reports related to stopping people on the street by [an identified Plymouth County trooper] from Wednesday, November 16, 2022, to the present; [5] Violator demographic and violation/charge information for all motor vehicle citations issued by [an identified trooper] between November 16, 2022 and present, including but not limited to citations resulting in civil infractions, criminal applications, arrest, and/or warning; [6] Copies of all reports, including use of force reports, completed by [an identified trooper] between November 16, 2022 and present, including but not 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 SPR24/2565 Page 2 September 25, 2024 limited to reports resulting in no police action, informal police action, arrest, or summons for criminal charges; and, [7] Violator demographic and charge information for all reports complete[d] by [an identified trooper] between November 16, 2022 and present, including but not limited to reports resulting in no police action, informal police action, arrest, or summons for criminal charges. On August 23, 2024, the Department provided Attorney George with a response. Unsatisfied with the response, Attorney George petitioned this office and this appeal, SPR24/2565, 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, § 10A(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 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 August 23, 2024 response In the August 23, 2024 response, the Department states, “…please be advised [we] are actively researching your request.” Current appeal In the September 11, 2024 petition, Attorney George asserts, “…[t]he only response that I have received so far was sent on August 23, 2024, after I sent a follow up email inquiring, as well as made several phone calls with no phone call back.” In addition, Attorney George states, “I am requesting that the Supervisor of Records . . . order ‘timely and appropriate relief,’ specifically by ordering the [Department] to provide any and all responsive records requested or to provide a response…”

Allison Mondello SPR24/2565 Page 3 September 25, 2024 Timeliness in providing records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Attorney George made her request on August 5, 2024, and the Department has not provided responsive records, nor cited an exemption for withholding records, I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the Department must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Department must provide responsive records on a rolling basis. Conclusion Accordingly, the Department is ordered to provide Attorney George with a response to the 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 George may appeal the substantive nature of the response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Brett-Ashleigh George, Esq.