Amy L. Codagnone, Esq. v. Department of State Police (SPR 20252421)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 26, 2025 SPR25/2421 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 Amy L. Codagnone, Esq. 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 October 17, 2024, Attorney Codagnone requested, “[a]ny and all police reports, investigative reports, police notes, or other records regarding the investigation into the homicide of [an identified individual].” The Department responded on August 1, 2025, assigning the request reference number P011904-101724. Unsatisfied with the Department’s response, Attorney Codagnone petitioned this office and this appeal, SPR25/2421, 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 SPR25/2421 Page 2 August 26, 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 August 1st Response In its August 1, 2025 response, the Department provided a release form and stated, “[i]In order to access these records, we ask that you have the surviving spouse, legal representative, or next of kin complete the attached Release and Authorization form. Once you return this form to us, we may review the potential release of any responsive records. We also ask that you clarify who you represent in this matter.” Current Appeal In her appeal petition, Attorney Codagnone stated: The information requested is releasable under FOIA, and… may not be validly protected under any of the Act’s exemptions. Specifically, Massachusetts General Laws chapter 6, Section 178B expressly states, “The restrictions on the dissemination of criminal offender record information as provided in this chapter shall cease to exist at the death of the individual for whom a criminal justice agency has maintained criminal offender record information.” As such, I do not need a release, or to identify why I want the records. They are public records, which must be produced. Based on the Department’s response, it is unclear whether the Department possesses records responsive to Attorney Codagnone’s request. The Department must clarify this. 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). To the extent that the referenced records exist, I find the Department must provide them in a manner consistent with Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the Department is ordered to provide Attorney Codagnone 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. Attorney Codagnone may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Allison Mondello SPR25/2421 Page 3 August 26, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Amy L. Codagnone, Esq.