Joshua R. Weinberger, Esq. v. Massachusetts Department of Transportation - Registry of Motor Vehicles (SPR 20243098)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 27, 2024 SPR24/3098 William J. Doyle, Esq. Records Access Officer Office of the General Counsel Massachusetts Department of Transportation Registry of Motor Vehicles 10 Park Plaza, Suite 3510 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Joshua R. Weinberger, Esq., on behalf of Ahsaki-Suze Bazile, appealing the response of the Registry of Motor Vehicles (Registry) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 6, 2024, Ahsaki-Suze Bazile requested a copy of Crash Report CRQ3264949. On November 6, 2024, the Registry provided a response. Unsatisfied with the response, Attorney Weinberger petitioned this office and this appeal, SPR24/3098, 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 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

William J. Doyle, Esq. SPR24/3098 Page 2 November 27, 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 Registry’s November 6th Response In its November 6, 2024 response, the Registry informed Ahsaki-Suze Bazile that it had no responsive records in its custody. The Registry suggested that it might lack responsive records because “[t]he [Registry] does not have the crash report on file [or] [i]nformation provided about the crash in [the] request was not accurate.” Current Appeal In his November 15, 2024 petition to this office, Attorney Weinberger contends that the Registry’s response “… can not be correct, as [he has] a State Police Incident Form, which verifies that a report is available, and which provides an Incident Number.” Subsequent to the opening of this appeal, a representative of the Registry informed this office that the responsive records were not being sought pursuant to a public records request, but rather via the Registry’s accident report webpage. The Registry further stated that “[a]ccident reports are not public records, as they require a fee to be paid pursuant to the Code of Massachusetts Regulations, 801 CMR 4.02 Records & Information (4) Accident Report Record … [t]he requester can contact the RMV at the website provided or by phone to confirm that they do not have a report.” Where Ahsaki-Suze Bazile’s November 6, 2024 request does not constitute a request for public records under the Public Records Law, I find that no violation of G. L. c. 66, § 10 has been asserted by Attorney Weinberger in the appeal petition. Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Attorney Weinberger in the appeal petition, I am unable to issue a determination at this time. If Attorney Weinberger wishes to submit a public records request and is unsatisfied with the response, he may appeal that response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Joshua R. Weinberger, Esq.