Wanda Allen v. Massachusetts Department of State Police (SPR 20251930)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 16, 2025 SPR25/1930 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 Wanda Allen 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 April 1, 2025, Ms. Allen requested, “public records . . . associated with a complaint to the Board that oversees the certification of private investigators. In February 2023, I contacted the MSP re: [two identified individuals] . . . , private investigators.” The Department responded on April 1, 2025, and following correspondence from Ms. Allen, provided additional responses on May 12, 2025 and June 4, 2025. Unsatisfied with the responses, Ms. Allen petitioned this office and this appeal, SPR25/1930, 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. Att’y 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

Allison Mondello SPR25/1930 Page 2 July 16, 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 Department’s Responses In its April 1, 2025 response, the Department’s Public Records Portal generated a confirmation of Ms. Allen’s request and provided a reference number for tracking purposes. In correspondence to the Department dated May 12, 2025, Ms. Allen inquired into the status of her request and stated, “[m]y request is over a month old. Can you provide a reason for the delay? Do you need additional information?” In its response on the same date, the Department 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. We appreciate your patience as we diligently work through this high-volume queue.” In its June 4, 2025 response, the Department reiterated its previous May 12th response, as described. Current Appeal In her appeal petition, Ms. Allen states, “[a]s of June 30, it will have been 90 days since the request was filed, and I have yet to receive a response or update regarding the status of the information I requested.” Timeliness of providing records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the 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 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. G. L. c. 66, § 10(b)(vi) Where Ms. Allen’s request was submitted on April 1, 2025, and the Department has not provided responsive records, I find that the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, I find the Department must

Allison Mondello SPR25/1930 Page 3 July 16, 2025 provide an estimated date as to when it intends to complete the search and provide the 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 Ms. Allen with a response to her 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. Allen may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Wanda Allen