Corri Hopkins v. Department of State Police (SPR 20252349)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 25, 2025 SPR25/2349 Allison Mondello Public Records Manager Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Corri A. Hopkins, Esq., of Parker Poe, 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 July 16, 2025, Attorney Hopkins requested, “the following record for an incident date of 1/29/2022 at vicinity of . . . Canton, Massachusetts as follows: [a]ny report in connection with Crash No. 5066898 Fatal Accident Notification Report, if any[.]” The Department responded on July 16, 2025 and August 6, 2025. Unsatisfied with the responses, Attorney Hopkins petitioned this office and this appeal, SPR25/2349, 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

Allison Mondello SPR25/2349 Page 2 August 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. Current appeal In the August 12, 2025 appeal, Attorney Hopkins advises that there has been no response to the July 16, 2025 request. The Department’s July 16th and August 6th Responses In its July 16, 2025 response, the Department acknowledged receipt of the request and provided a Tracking Reference No.: P007390-071625. In its August 6, 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. We appreciate your patience as we diligently work through this high-volume queue.” Active Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office has reviewed the trial court’s docket and verified that the civil litigation, relating to the records that are the subject of Attorney Hopkins’ request, is active and ongoing in the Massachusetts Superior Court. See Paul O’Keefe, Individual and Personal Representative of the Estate of John Joseph O’Keefe, III, et al. v. CCC Hospitality, LLC dba C.F.Mccarthy’s and Karen Read, et al. (Massachusetts Plymouth Superior Court Docket No. 2483CV00692. In light of the pending litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b).

Allison Mondello SPR25/2349 Page 3 August 25, 2025 Sincerely. Manza Arthur Supervisor of Records cc: Corri A. Hopkins, Esq.