Donna Griffin v. Department of State Police (SPR 20250427)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 24, 2025 SPR25/0427 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 Donna Griffin 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 15, 2024, Ms. Griffin requested, “[a]ll payroll reports to include dates, times and hours worked for any EOPSS Grant Funded Highway Safety programs to include BAT sobriety checkpoints, Click it or Ticket, STEP, and any other EOPSS Grant Funded OT for the period of 2015-2017 for [an identified individual], Troop A.” The Department responded on February 12, 2025. Unsatisfied with the response, Ms. Griffin petitioned this office and this appeal, SPR25/0427, was opened as a result. Subsequently on February 18, 2025, the Department provided certain records which Ms. Griffin appealed. 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. 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 SPR25/0427 Page 2 February 24, 2025 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 February 12th and February 17th Responses In its February 12, 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. We appreciate your patience as we diligently work through this high-volume queue.” In its February 17, 2025 response, the Department provided certain responsive records. Current appeal In its February 13, 2025 appeal, Ms. Griffin asserts, “I am asking you to take the next step and escalate this by forwarding this case to the attorney general’s office. We are coming up on one year since the initial records request were made to the MSP. Their lack of response in providing the documents speaks volumes to their culpability.” In its February 17, 2025 appeal, Ms. Griffin states, “[t]o date: I have only received the following: 1- Partial records on the request for [an identified] Major[;] 2-Portable radio log for [an identified] Lieutenant[.] There are several outstanding requests to include the following: 1- Cruiser Radio Logs for [identified individuals] for 12/17-1/19[;] 2- SP 636/638 Forms for [identified individuals] for 12/17-1/19[;] 3-Internal department report that was submitted to the OIG for 2016 4 hour highway safety OT initiatives. 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

Allison Mondello SPR25/0427 Page 3 February 24, 2025 agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Ms. Griffin’s request was submitted on August 15, 2024, and the Department has not provided all the responsive records, nor cited an exemption for withholding the remaining 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 Ms. Griffin 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. Ms. Griffin 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: Donna Griffin