Irving F. Rounds Jr. v. Department of State Police (SPR 20251042)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 30, 2025 SPR25/1042 Allison Mondello Public Records Manager Office of the Chief Legal Counsel Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Irving Rounds 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 September 5, 2024, Mr. Rounds requested the following records: [1] [A]ny and all records including emails and notes as it relates to [an identified Lieutenant’s] . . . investigation of when I met with him twice in 2015 as it relates to [an identified individual’s] staged car crash on March 5 2015 . . .[;] [2] [A]ny and all records including emails, any notes that [an identified] Lieutenant . . . took . . . as it relates to when the Department of Justice (DOJ) immediately contacted him after our first meeting in 2015[;] [3] [A]ny and all records including emails and notes that [an identified] Lieutenant . . . took as it relates to when I sent an email on February 18 2019 to [an identified] Lieutenant . . . of the Clinton Massachusetts Police Department, which [an identified] Lieutenant . . . was carbon copied (Cc) on . . .[;] [4] [A]ny and all records including emails and notes that [an identified] Lieutenant . . . took when I sent him an email on August 5 2019 . . . including communications with Hannafords Supermarket in Clinton Massachusetts and Market Basket in Hudson Massachusetts. The Department provided a response on March 26, 2025. Unsatisfied with the Department’s response, Mr. Rounds petitioned this office, and this appeal, SPR25/0875, was opened as a result. 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 SPR25/1042 Page 2 April 30, 2025 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 March 26th Response In its March 26, 2025 response, in correspondence sent through its online records portal, the Department provided 137 pages of responsive records and stated, [w]ith the information provided in the request, the Department conducted a diligent search and was able to locate the following responsive record[s] which has been made available to you in My Records Center: . . . Emails; (137)” Current appeal In his April 16, 2025 appeal petition, Mr. Rounds contends, “[a]s of March 26, 2025, the only materials the MSP has produced are 137 emails—most of which were authored by me.” He further adds that “[t]his response does not fulfill the scope of my request, which clearly sought investigative records, internal communications, and documentation related to serious safety threats, including a staged car crash . . . and continued threats and harassment made against me.” In light of the above, it is unclear whether the Department possesses additional records responsive to Mr. Rounds’ request. 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). 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). The Department must clarify this matter.

Allison Mondello SPR25/1042 Page 3 April 30, 2025 Conclusion Accordingly, the Department is ordered to provide Mr. Rounds with a response to his 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. Mr. Rounds 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: Irving F. Rounds, Jr.