Tommy D v. Department of State Police (SPR 20243440)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 9, 2025 SPR24/3440 Allison Mondello Records Access Officer Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Tommy D (requestor) 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 October 16, 2024, the requestor sought “[a]ll body worn or cruiser camera for traffic stop as well as any reports and copy of citation issued.” I understand the Department assigned tracking number P011875-101624 to this request. Previous Appeal This request was the subject of a previous appeal. See SPR24/3229 Determination of the Supervisor of Records (December 12, 2024). In my December 12th determination, I ordered the Department to provide a written response to the requestor. Subsequently, the Department responded on December 16, 2024. Unsatisfied with the Department’s response, the requestor petitioned this office, and this appeal, SPR24/3440, 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 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 SPR24/3440 Page 2 January 9, 2025 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 December 16th Response In its December 16, 2024 response, the Department provided a hyperlink to one responsive video and one responsive citation in redacted form, along with copies of related Massachusetts General Laws and Department regulations. Specifically, the Department stated the following: You will shortly receive an email from the Massachusetts State Police via EvidenceLibrary.com with instructions to access the responsive digital video files the Department was able to locate. Please note that the video(s) will be available for 180 days only. Current Appeal In his appeal petition, and in correspondence included with his appeal, the requestor states the following: i had asked for copy of both body cam and cruiser camera as well as the policy for both and the incident reports logs or any dispatch info basically anything in there care custody control regarding the incident date and the trooper and all they released was the policy for CMC and BWC and link to only BWC no CMC cruiser cam footage but in the form of expiring link not a copy or mailed anything out i cannot open the link with my account [sic] . . . state police sent me pdf of 1 policy and a link that im unable to access but wont provide option to mail me or pdf same items contained in the link plus requires making account i can’t do [sic] . . . there was also request CMC cruiser mounted footage that should have been from same date as body camera released and reports written or logs with the citation issued [sic] Preferred Format of the Requestor The Department is advised that a records access officer must, to the extent feasible, provide public records to a requestor in electronic format unless the record is not available in electronic form or the requestor does not have the ability to receive or access the records in

Allison Mondello SPR24/3440 Page 3 January 9, 2025 electronic format and if feasible, in the requestor’s preferred format. In the absence of a preferred format, the records must be provided in a searchable machine-readable form. See 950 C.M.R. 32.04(5)(d). In light of the requestor’s appeal, I find the Department must clarify whether the responsive records can be provided in a format that the requestor seeks; specifically in a file either on a hard drive or by email. I encourage the parties to work together to resolve these outstanding issues concerning the format of the records. Records in Existence; Possession, Custody, or Control Please be advised that the duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Additionally, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on the Department’s response, and the information provided in the requestor’s appeal, it is unclear whether the Department possesses additional records responsive to the request. If the Department does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Department is ordered to provide the requestor 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. Sincerely, Manza Arthur Supervisor of Records cc: Tommy D