John Cinotti v. Department of State Police (SPR 20251864)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 2, 2025 SPR25/1864 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 John N. Cinotti 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 February 11, 2025, Mr. Cinotti sought the following: [1] The report(s) of the interviews of [an identified individual]…on or about May 30, 1999 by [two identified] MSP Trooper[s] and/or other MSP Troopers of the Western Mass Gang Task Force; [2] The affidavit[s] of [two identified] MSP Trooper[s] on or about May 31, 1999 for a search warrant for the Springfield, MA residence of [an identified individual][;] [3] The statement or affidavit of [an identified individual]…given on or about May 30, 1999 to [two identified] MSP Troopers and/or other MSP Troopers of the Western Mass Gang Task Force, relating [to] his membership in the Latin Kings, and the hierarchy of that organization. The Department responded on February 11, 2025 and May 21, 2025, assigning the request reference number P001648-021125. Unsatisfied with the responses, Mr. Cinotti petitioned this office and this appeal, SPR25/1864, 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 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 SPR25/1864 Page 2 July 2, 2025 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. 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. The Department’s February 11th and May 21st Response In its February 11, 2025 response, the Department assigned the records request the reference number P001648-021125. In its May 21, 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 of requests we receive daily, we have not yet had a chance to process your request.” Current Appeal In his June 26, 2025 petition to this office, Mr. Cinotti stated, “…I received the attached response that due to the high volume of requests received they have not yet processed my request. My public records request was made in a case working for an attorney, and was very specific for the date, and in identifying the relevant individuals in the documents requested.” 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 a municipality the timeframe shall not exceed 25 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.

Allison Mondello SPR25/1864 Page 3 July 2, 2025 G. L. c. 66, § 10(b)(vi). Where Mr. Cinotti submitted his request on February 11, 2025, and the Department has not provided responsive records, nor cited an exemption for withholding records, I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the Department 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 Department must provide responsive records on a rolling basis. Conclusion Accordingly, the Department is ordered to provide Mr. Cinotti 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. Mr. Cinotti may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: John N. Cinotti