Ian Schenholm v. Department of State Police (SPR 20243251)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 10, 2024 SPR24/3251 Allison Mondello Public Records Manager Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Ian C. Schenholm, Esq., on behalf of Cornelius W. Phillips, Esq., both of Dunn & Phillips, P.C., 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 6, 2024, Attorney Phillips requested the following records relating to incident involving [an identified individual], which took place on September 10, 2021, at [an identified address] in Chicopee, MA. [1] The entire file of the Massachusetts State Police concerning the incident. [2] Administrative Journals for the MSP Troop/Trooper(s) who responded to the incident. [3] Massachusetts State Police 9-1-1 calls and radio transmissions concerning the incident. [4] All photographs and videos of the incident and its aftermath. [5] All reports and narrative written or adopted by any responding or investigating Troopers, concerning the incident. [6] Entire file of any responding or investigating Troopers pertaining to the incident, including statements, interviews, photographs, measurements, filed notes, and any other documentation. [7] Copies of any Massachusetts Uniform Citations issued in connection with the incident. [8] All body-worn camera footage from any responding or investigating troopers pertaining to the incident. The Department responded on August 21, 2024, September 19, 2024, October 22, 2024, and December 2, 2024. Unsatisfied with the Department’s responses, Attorney Schenholm petitioned this office and this appeal, SPR24/3251, was opened as a result. 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 SPR24/3251 Page 2 December 10, 2024 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 Responses In each of its responses on August 21, 2024, September 19, 2024, October 22, 2024, and December 2, 2024, the Department stated, “[d]ue to the high volume of requests we receive daily, we have not yet had a chance to process your request.” 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 Phillips’ request was originally submitted on August 6, 2024, and the Department has not provided responsive records, nor cited an exemption for withholding records,

Allison Mondello SPR24/3251 Page 3 December 10, 2024 I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the Department must provide an estimated date as to when it expects to complete its review and provide the requested 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 Schenholm with a response to the request provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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 Schenholm may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Ian C. Schenholm, Esq.