John Hilliard v. Department of State Police (SPR 20250900)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 16, 2025 SPR25/0900 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 John Hilliard, of the Boston Globe, appealing the response of the Department of State Police (Department) to multiple requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). SPR25/0698 On February 25, 2025, Mr. Hilliard requested: [1] Any e-mail that included the following link: [a specified URL] [2] Any e-mail or e-mail attachment sent or received from Jan. 1, 2024 to present that included the terms “Waltham” or “Fernald” sent or received by any of the following MSP [identified] members ... SPR25/0699 On February 24, 2025, Mr. Hilliard requested, [1] All reports related to the use of the Fernald School in Waltham as storage from 1995 to the present[.] [2] All interdepartmental licenses or contracts related to the use of the Fernald School in Waltham as storage from 1995 to the present[.] 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 SPR25/0900 Page 2 April 16, 2025 SPR25/0700 On February 25, 2025, Mr. Hilliard requested “[a]ny notes, recordings or other materials used to prepare any memos regarding evidence stored at the Fernald School[.]” Previous Appeals These requests were the subject of previous appeals. See SPR25/0698 Determination of the Supervisor of Records (March 21, 2025); SPR25/0699 Determination of the Supervisor of Records (March 21, 2025) and SPR25/0700 Determination of the Supervisor of Records (March 21, 2025). In my March 21st determinations, I ordered the Department to provide Mr. Hilliard with responses to each of his requests. Subsequently, the Department responded on April 1, 2025. Unsatisfied with the Department’s response, Mr. Hilliard petitioned this office, and this appeal, SPR25/0900, 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 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 April 1st Response In its April 1, 2025 response, the Department states that it “is actively working on a final production, referral, or other appropriate formal reply to this records request.” Current Appeal In his appeal petition, Mr. Hilliard argues the following: The agency acknowledged receipt of each of these requests through its public

Allison Mondello SPR25/0900 Page 3 April 16, 2025 records portal website. The agency did not respond to any of these requests with either responsive records, or by providing a statutory reason under the state public records law for why responsive records would be withheld. . . . The response did not cite any statutory reason for an extension under the public records law. . . . I did not give permission to the State Police to extend the deadline to provide access to these public records. Timeframe for Providing Records Please be advised that G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of a 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 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 Mr. Hilliard submitted his requests on February 24 and February 25, 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 requests in accordance with G. L. c. 66, § 10(b). Consequently, the Department must provide an estimated date as to when it intends to complete the search and provide the responsive 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 Mr. Hilliard with a response to the requests, 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. Mr. Hilliard may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Allison Mondello SPR25/0900 Page 4 April 16, 2025 Sincerely, Manza Arthur Supervisor of Records cc: John Hilliard