Altin Berxhiku v. Department of State Police (SPR 20251564)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 17, 2025 SPR25/1564 Allison Mondello Public Records Manager Office of the Chief Legal Counsel Massachusetts Department of State Police 50 Maple Street Milford, MA 01757 Dear Ms. Mondello: I have received the petition of Altin Berxhiku 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 May 19, 2025, Mr. Berxhiku requested: [1] [T]he full disciplinary file and internal affairs investigative materials related to [an identified internal affairs investigation][;] [2] [A]ll reports, findings, correspondence, exhibits, and disciplinary review documentation associated with this matter[.] The Department responded on June 4, 2025, seeking clarification regarding the request. Specifically, the Department stated, “[w]e do not have a trooper [as identified in the above May 19, 2025 request], nor anyone with [the] MSP ID number [identified in the above May 19, 2025 request].” The Department further advised, “[t]here does appear to be an Internal Affairs record pertaining to [a named individual with a specific identification number] from November 2018, so we are working on processing that in response to your request.” In an email replying to the Department on the same date, Mr. Berxhiku clarified that his May 19, 2025 request, as described above, concerned the individual with the specific identification number that the Department named in its June 4, 2025 response. Claiming to not yet have received responsive records, Mr. Berxhiku petitioned this office and this appeal, SPR25/1564, was opened as a result. While this appeal was pending, on June 4, 2025, the Department submitted a petition for an extension of time regarding this request, which was opened as SPR25/1575. 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 SPR25/1564 Page 2 June 17, 2025 Previous Petition This request was the subject of a previous petition. See SPR25/1575 Determination of the Supervisor of Records (June 6, 2025). In my June 6th determination, I granted the Department a time extension of 20 business days. 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. Current Appeal In his June 4, 2025 appeal petition, Mr. Berxhiku claims that the Department, “failed to acknowledge [his] May 19, 2025 request within the mandatory 10-business-day window as required by M.G.L. c. 66, § 10(b).” He additionally contends, “[t]he [Department’s] June 4 response still does not provide a production timeline[.] They have not stated when they will fulfill the request[.]” In this case, Mr. Berxhiku clarified his request on June 4, 2025, and the Department subsequently provided a petition on the same date seeking an extension of time to produce responsive records. As noted above, the Department additionally received approval for a time extension of 20 business days to produce the requested records. See SPR25/1575 Determination of the Supervisor of Records (June 6, 2025). Consequently, the basis of Mr. Berxhiku’s appeal is unclear. Mr. Berxhiku is reminded that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f).

Allison Mondello SPR25/1564 Page 3 June 17, 2025 Conclusion In compliance with the Public Records Law, the Supervisor may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Mr. Berxhiku in his appeal petition, I am unable to issue a determination at this time. Accordingly, I will consider this administrative appeal closed. If Mr. Berxhiku 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. 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: Altin Berxhiku