Erin Johnson v. Massachusetts State Police (SPR 20253558)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 17, 2025 SPR25/3558 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 Erin Johnson 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 October 2, 2025, Ms. Johnson requested: … copies of all Massachusetts State Police records related to the June 11, 2017 motor vehicle crash in Millis, MA, involving a Millis Police Department cruiser driven by Officer [identified individual] and a pickup truck driven by [an identified individual]. Specifically, I request: [1] Crash reconstruction reports and diagrams [2] Collision analysis files and scene photographs [3] Witness interviews and statements collected by MSP [4] Radio/dispatch logs and CAD reports [5] Any supplemental reports or findings provided to the Millis Police Department or the Norfolk District Attorney’s Office Prior Appeal The requested records were the subject of a prior appeal. See SPR25/3135 Determination of the Supervisor of Records (October 31, 2025). In my October 31st determination, I ordered the Department to provide Ms. Johnson with a response to her request. Subsequently, the Department responded on December 2, 2025. Unsatisfied with the Department’s response, Ms. Johnson petitioned this office and this appeal, SPR25/3558, was opened as a result. 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 SPR25/3558 Page 2 December 17, 2025 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. 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 December 2nd Response On December 2, 2025, the Department provided Ms. Johnson with a response, stating, “[i]n 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/scan this form to us, 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.” Current Appeal In her appeal, Ms. Johnson contends: MSP is conditioning access to public records on my ability to obtain a next of kin signature on a liability waiver…. It is an unauthorized barrier to access and a misapplication of the Public Records Law. … I am requesting that the Supervisor review MSP’s response and direct the Department to either: 1. Produce the responsive public records without requiring next of kin consent, or 2. Cite a specific statutory exemption for each withheld record and release all segregable portions, as required under MGL c.66 §10(a) and 950 CMR 32.08(4).

Allison Mondello SPR25/3558 Page 3 December 17, 2025 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). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on the information provided in Ms. Johnson’s appeal petition, it is unclear whether the Department possesses records responsive to Ms. Johnson’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 reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Department is ordered to provide Ms. Johnson 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. Johnson may further 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: Erin Johnson