Emma Rindlisbacher v. Peace Officer Standards and Training Commission (SPR 20251667)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 25, 2025 SPR25/1667 Randall E. Ravitz, Esq. General Counsel Peace Officer Standards & Training Commission 84 State Street Boston, MA 02109 Dear Attorney Ravitz: I have received the petition of Emma Rindlisbacher appealing the response of the Peace Officer Standards & Training Commission (Commission) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 5, 2025, Ms. Rindlisbacher requested “copies of any documents related to Taunton Police Officer [named individual]. Please limit this request to documents between Jan 1, 2020 and the date that the search is conducted.” The Commission responded on May 19, 2025. Unsatisfied with the Commission’s response, Ms. Rindlisbacher petitioned this office, and this appeal, SPR25/1667, 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. 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

Randall E. Ravitz, Esq. SPR25/1667 Page 2 June 25, 2025 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 Commission’s May 19th Response In its May 19, 2025 response, the Commission states that “we received your request for records, it is currently under review, we will have our response in the coming days.” In her appeal petition, Ms. Rindlisbacher states that “it has been more than 10 business days and I still have not received an appropriate response to my request.” Timeframe for Providing Records 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 Ms. Rindlisbacher submitted her request on May 5, 2025, and the Commission has not provided responsive records, nor cited an exemption for withholding records, I find the Commission has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the Commission 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 Commission must provide responsive records on a rolling basis. Conclusion Accordingly, the Commission is ordered to provide Ms. Rindlisbacher with a response to the 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. Ms. Rindlisbacher may further appeal the substantive nature of the Commission’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Randall E. Ravitz, Esq. SPR25/1667 Page 3 June 25, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Emma Rindlisbacher