Altin Berxhiku v. Department of State Police (SPR 20251575)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 6, 2025 SPR25/1575 Allison Mondello Public Records Manager Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: On June 4, 2025, this office received your petition on behalf of the Department of State Police (Department), seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Department furnished a copy of the petition to the requestor, Altin Berxhiku. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). 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[.] Open Appeal This request is currently the subject of an appeal. See SPR25/1564. A determination will be issued separately within ten business days of receipt of the appeal. Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine 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 SPR25/1575 Page 2 June 6, 2025 (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its petition, the Department requests an extension of 20 business days and argues the following in support of its request: The request includes an Internal Affairs report for a named trooper, including any related exhibits. As my unit does not have direct access to these requested records, it is taking some time to obtain them. In light of the need to search for and collect the records, the Department has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Department is granted an extension of 20 business days. Conclusion As described above, I find that the Department has established good cause for a time extension of 20 business days. Please note, Mr. Berxhiku has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, §§ 10(c), 10(d)(iv)(4), 10A(c).

Allison Mondello SPR25/1575 Page 3 June 6, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Altin Berxhiku