Richard Rand v. Massachusetts State Police (SPR 20253093)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 28, 2025 SPR25/3093 Allison Mondello Public Records Manager Office of the Chief Legal Counsel Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Richard Rand appealing the response of the Massachusetts 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 December 31, 2024, Mr. Rand requested the following: Accident report of crash of 2015 VW into Sweet Tomatoes coffee shop, killing two patrons. Accident report, CARS reconstruction report with Event Data Report from the Air bag control Module, statement(s) made by operator Casler. The Department responded on December 31, 2024, March 3, 2025, May 13, 2025, June 10, 2025, and October 16, 2025. Unsatisfied with the responses, Mr. Rand petitioned this office and this appeal, SPR25/3093, 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 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 SPR25/3093 Page 2 October 28, 2025 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. Current Appeal In his appeal petition, Mr. Rand contends, “[m]y [a]ppeal is that the requested information was erroneously denied and does not conform to the Public [R]ecords [L]aw.” The Department’s December 31st, March 3rd, May 13th, June 10th, and October 16th Responses The Department confirmed receipt of the request in its December 31, 2024 response. In its March 3, 2025 and May 13, 2025 responses, the Department notified Mr. Rand that it “ha[s] not yet had a chance to process [his] request.” On June 10, 2025, the Department sent another notification indicating that it “is researching [Mr. Rand’s] public records request” and asked Mr. Rand to “reply to this email confirming [he is] still interested in the Department responding to [his] public record request.” On June 10, 2025 and August 27, 2025, Mr. Rand notified the Department that he was still interested in receiving the public records. In its October 16, 2025 response, the Department stated the following: In order to access these records, we ask that you have the surviving spouse, legal representative, of next of kin of each decedent complete the attached Release and Authorization forms. Once you return these forms to use, we may release any responsive records. Please be advised that if the Department does not receive a response from you within ten business days, your request will be considered closed at that time. Records in Existence; Possession, Custody, or Control The Department is advised that 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). Based on the Department’s response, it remains unclear whether the Department possesses records responsive to Mr. Rand’s request. If the Department does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific

Allison Mondello SPR25/3093 Page 3 October 28, 2025 reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Further, based on the Department’s response, it is unclear what types of records it possesses that it is withholding from disclosure. To deny access to a record under the Public Records Law, a records access officer must identify the record, categories of records, or portions of the record it intends to withhold. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3)(c)(4). Therefore, the Department must identify what type of record(s) it has in its possession. Conclusion Accordingly, the Department is ordered to provide Mr. Rand 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. Mr. Rand may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Richard Rand