Charles D. Hall v. Department of State Police (SPR 20250335)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 19, 2025 SPR25/0335 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 Charles D. Hall, Esq. 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 January 6, 2025, Attorney Hall requested the following records regarding [an identified] Trooper for the last 5 years. [1] ... training and disciplinary records[;] [2] All records documenting participation in mandatory and optional training courses, including course titles, completion status and any performance evaluations within the last 5 years. [3] Any and all internal affairs investigations, complaints filed against [an identified Trooper], disciplinary actions taken, including written reprimands, suspensions, along with the dates and details of each incident. All performance reviews. The Department responded on January 28, 2025. Unsatisfied with the response, Attorney Hall petitioned this office and this appeal, SPR25/0335, 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). 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 SPR25/0335 Page 2 February 19, 2025 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 January 28th Response In its January 28, 2025 response the Department stated, “...the Public Records Unit processes requests in the order they are received. Due to the high volume of requests we receive daily, we have not yet had a chance to process your request.” Current appeal In his February 5, 2025 appeal to this office, Attorney Hall states, “... the generic reply received is not a meaningful response under the 10-day response requirement.” Subsequently, on February 13, 2025, Attorney Hall further advised, “... I was notified this week that I have failed a background check for purchase of a firearm. No reason was provided to me. In addition, today my Trusted Traveler Status has been revoked. Both of these actions were taken within days of the MSP being informed of my appeal to your office. Today, I have filed additional requests with the MSP for all records that involve me and any searches for my name by MSP.” 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).

Allison Mondello SPR25/0335 Page 3 February 19, 2025 Where Attorney Hall’s request was submitted on January 6, 2025, 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)(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 Hall with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 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 Hall 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: Charles D. Hall, Esq.