Cheryl Ryan v. Department of State Police (SPR 20252348)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 18, 2025 SPR25/2348 Allison Mondello Records Access Officer Department of State Police 50 Maple Street Milford, MA 01757 Dear Ms. Mondello: I have received the petition of Cheryl Ryan 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 23, 2025, Ms. Ryan requested the following: [1] All incident reports and or materials stemming from interaction(s) between the Mass State Police and [an identified individual.] . . . Some of these incidents may have occurred in Winter 2023 around Christmas in parking lot of a Big Y Store, as well as Spring 2024 on a walking trail[;] [2] All incident reports and or written materials in which said [identified individual] is mentioned along with [five identified individuals] within the above specified timeframe[.] The Department responded on June 23, July 18, and August 4, 2025, assigning the request reference number P006494-062325. Unsatisfied with the responses, Ms. Ryan petitioned this office and this appeal, SPR25/2348, 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). 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 SPR25/2348 Page 2 August 18, 2025 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 June 23rd, July 18th, and August 4th Responses On June 23, 2025, the Department acknowledged receipt of the request and assigned it the reference number P006494-062325. On July 18, 2025, 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.” On August 4, 2025, 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 her August 11, 2025 appeal to this office, Ms. Ryan stated, “[i]t has been approximately 32 business days since I’ve submitted my PR request, however, I have yet to get a response from the Mass State Police.” Timeliness in 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.

Allison Mondello SPR25/2348 Page 3 August 18, 2025 G. L. c. 66, § 10(b)(vi). Where Ms. Ryan made her request on June 23, 2025, and the Department has not provided the responsive records, I find the Department has not met its burden in responding to Ms. Ryan’s request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, I find the Department must provide an estimated date as to when it intends to complete its review 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 the responsive records on a rolling basis. Conclusion Accordingly, the Department is ordered to provide Ms. Ryan 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. Ryan 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: Cheryl Ryan