MacDonald, Scott v. Department of State Police (SPR 20260011)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 16, 2026 SPR26/0011 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 Scott MacDonald 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 December 28, 2025, Mr. MacDonald requested the “[a]rrest report and all related statements of individuals and officers involved from Operation Firewall for specific arrest of [an identified individual]…[o]n or about 11/10/25[.]” The Department provided a response on January 2, 2026. Unsatisfied with the Department’s response, Mr. MacDonald petitioned this office and this appeal, SPR26/0011, was opened as a result. Subsequently, the Department provided an additional response on January 6, 2026. 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. See 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 SPR26/0011 Page 2 January 16, 2026 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 Deparment’s January 2nd Response In its January 2, 2026 response, the Department withheld records under Exemption (f) of the Public Records Law, and stated, “[t]he records you seek relate to an on-going and active criminal prosecution which is now pending in the Hingham District Court…” See G. L. c. 4, § 7(26)(f). Current Appeal In his appeal, Mr. MacDonald objected to the Department withholding responsive records under Exemption (f). In its January 6, 2025 response, the Department stated, “…The records you seek relate to an on-going and active criminal prosecution which is now pending in the Hingham District Court (Docket #2558CR0008341A)…” 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 criminal litigation relating to the records that are the subject of this request, is active and ongoing in Hingham District Court. See Commonwealth v. Josephn Daniel Constantino, Hingham District Court, Docket No. 2558CR000834 (December 12, 2025). In light of the active litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Additionally, I decline to opine on the applicability of Exemption (f) of the Public Records Law to the requested records. It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b).

Allison Mondello SPR26/0011 Page 3 January 16, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Scott MacDonald