Laura H. Ortiz v. Department of State Police (SPR 20251910)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 14, 2025 SPR25/1910 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 Laura Ortiz 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 June 6, 2025, Ms. Ortiz requested the following records between January 1, 2021 and June 6, 2025: [1] Any “Carney Letters” or whatever you refer to it as, issued by any of the Massachusetts District Attorneys and/or Attorney General, that waived immunity to any Massachusetts State Police (MSP) Officers, under Carney v. City of Springfield, 403 Mass 604, 609 (1988) and Baglioni v. Chief of Police of Salem, 421 Mass 229 (1993) as well as their notices to MSP[;] [2] [A]ny letters for grants of immunity or transactional immunity given to any Massachusetts State Police Trooper/Officer, regarding any investigation or administrative proceeding or criminal prosecution or other, issued by prior Governor Charles Baker or current Governor Maura Healey or prior Attorney General Maura Healey (or any Assistant Attorney General) or current Attorney General Andrea Campbell (or any Assistant Attorney General) or issued by any of the current or prior Massachusetts District Attorneys or their Assistant District Attorneys as well as any issued by any employee of the Federal Bureau of Investigation (FBI) or the United States Department of Justice (DOJ) or United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or Drug Enforcement Administration (DEA)[;] [3] Accompanying signed District Attorney or Attorney General Waivers issued (from the Massachusetts District Attorney Offices and Attorney General) related to Part 1, that waived immunity to any MSP Police Officers, under Carney v. City 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 SPR25/1910 Page 2 July 14, 2025 of Springfield, 403 Mass 604, 609 (1988) and Baglioni v. Chief of Police of Salem, 421 Mass 229 (1993)[;] [4] [A]ny accompanying signed letters for grants of immunity or transactional immunity regarding any investigation or administrative proceeding or criminal prosecution or other, given to any Massachusetts State Police Trooper/Officer issued and signed by prior Governor Charles Baker or current Governor Maura Healey or prior Attorney General Maura Healey (or any Assistant Attorney General) or current Attorney General Andrea Campbell (or any Assistant Attorney General) or issued by any of the current or prior Massachusetts District Attorneys or their Assistant District Attorneys as well as any issued by any employee of the Federal Bureau of Investigation (FBI) or the United States Department of Justice (DOJ) or United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or Drug Enforcement Administration (DEA)[;] [5] Accompanying “Further Disclosure” statements regarding any MSP police officer (even former) that MSP or other prosecutors may have filed with court/defense counsel related to Part 1 and 2 after those Police Officers were issued “Carney” letters by the District Attorneys and Attorney General[;] [6] [A]ny accompanying “further disclosure” statements or whatever you refer to them as, regarding the Part 1 and Part 2 letters for grants of immunity regarding any investigation or administrative proceeding or criminal prosecution or other, given or transactional immunity to any Massachusetts State Police Trooper/ Officer issued by prior Governor Charles Baker or current Governor Maura Healey or prior Attorney General Maura Healey (or any Assistant Attorney General) or current Attorney General Andrea Campbell (or any Assistant Attorney General) or issued by any of the current or prior Massachusetts District Attorneys or their Assistant District Attorneys as well as any issued by any employee of the Federal Bureau of Investigation (FBI) or the United States Department of Justice (DOJ) or United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or Drug Enforcement Administration (DEA). Previous Appeal This request was the subject of a previous appeal. See SPR25/1877 Determination of the Supervisor of Records (July 1, 2025). In my July 1st determination, I closed SPR25/1877 in light of the Department providing a response on June 30, 2025. Unsatisfied with the Department’s response, Ms. Ortiz petitioned this office and this appeal, SPR25/1910, 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

Allison Mondello SPR25/1910 Page 3 July 14, 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. 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 June 30th Response In its June 30, 2025 response, the Department stated, “[t]he request you submitted below is duplicative to the request you submitted on June 13, 2024, P006823-061324… Based upon the information provided, the Massachusetts State Police has conducted a diligent search of its records and is unable to locate any responsive records. If additional information becomes available to you indicating Department of State Police involvement, you may submit a new request.” Current Appeal In her appeal petition, Ms. Ortiz contended that the Department failed to provide all responsive records in its possession and that the response did not address the clarifications provided in her request. In a telephone conversation between the Department and this office on July 11, 2025, the Department confirmed that it possesses no records responsive to Ms. Ortiz’s request. No Duty to Create Records Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Further, 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).

Allison Mondello SPR25/1910 Page 4 July 14, 2025 Conclusion Given that the Department has confirmed that it possesses no records responsive to Ms. Ortiz’s request, and this office has no authority to compel the Department to create records, I will now consider this administrative appeal closed. If Ms. Ortiz 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 of Massachusetts. See G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Laura Ortiz