Saul Casdin v. Department of State Police (SPR 20251002)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 17, 2025 SPR25/1002 Allison Mondello Public Records Manager Massachusetts Department of State Police 50 Maple Street Milford, MA 01757 Dear Ms. Mondello: I have received the petition of Saul Casdin appealing the response of the Massachusetts 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 21, 2025, Mr. Casdin sought, “all information regarding [an identified individual’s] LTC application in Cummington, MA.” The Department provided a response on February 25, 2025. Unsatisfied with the Department’s response, Mr. Casdin petitioned this office and this appeal, SPR25/1002, 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. See 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. See 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. 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 SPR25/1002 Page 2 April 17, 2025 The Department’s February 25th Response In its February 25, 2025 response, the Department stated, “[p]lease be advised the Public Records Unit processes requests in the order they are received. Due to the high volume … we have not yet had a chance to process your request.” Current Appeal In his April 11, 2025 petition to this office, Mr. Casdin stated, “I requested these records on 1/25/25 … At this date [records have not] been provided by [the Department].” In an email to this office on April 15, 2025, the Department indicated, “[b]ased upon the information provided, the [Department] has conducted a diligent search of its records and is unable to locate any responsive records.” No Duty to Create Records Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). Conclusion Given that the Department possesses no records responsive to Mr. Casdin’s request and this office has no authority to compel the Department to create records, I will now consider this administrative appeal closed. If Mr. Casdin is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Saul Casdin