Sharkey, Kyle v. Massachusetts State Police (SPR 20260605)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 10, 2026 SPR26/0605 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 Kyle Sharkey appealing the response of the Department of State Police (Department/MSP) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 6, 2026, Mr. Sharkey requested, “…all information in relation to the discipline of [identified individuals] including but not limited to documents, emails, recordings, pictures, phone records etc. See attached files of POST commission Sustained Findings and Disciplinary Actions by each officer.” The Department provided Mr. Sharkey with a response on January 21, 2026, and assigned reference number P000150-010626 to this request. Unsatisfied with the response, Mr. Sharkey petitioned this office and this appeal, SPR26/0605, 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 SPR26/0605 Page 2 March 10, 2026 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, Mr. Sharkey asserts, “I am appealing this request as I have attempted numerous times to contact Joshua Reilly via email starting Jan 21, 2026…. If a records officer fails to respond within 10 business days, no fee may be charged for any records provided. . . .” The Department’s January 21st Response In its January 21, 2026 response, the Department states, “I am just looking to confirm the request is limited to the investigation(s) identified in the POST attachments. Also, in the interest of potentially avoiding a fee assessment would you be willing to accept the investigative report which summarizes each of the exhibits obtained and reviewed and the disciplinary findings orders. You may always request copies of specific exhibits in a future request. Alternatively, would you be willing to accept the transcripts rather than recordings of the interviews.” The Department further stated, “[t]hank you for clarifying. I believe the report and exhibits including transcripts of the interviews can be produced without a fee assessment. The audio would require more time to review/redact than the transcripts. I believe a fee assessment can be avoided for both investigations by modifying the request to exclude the audio recordings for interviews which have been transcribed and are available as a pdf. In the even you would like a particular recording you may always submit a further request.” In an undated response, Mr. Sharkey responded stating the following: 1- Correct, just the 2 that I attached of [2 identified individuals] 2- I would prefer the Exhibits documents in the form they were given to the post commission. Which a copies [sic] should be in your custody and control. 3- I am willing to Accept the transcripts of the recordings. (If the Audio is available redactions made if needed I will accept now) I am happy to work with you to have no fee assessment. In light of the above, it is unclear if the Department possesses any records responsive to his request. 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). However, 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). Consequently, the Department must clarify whether any responsive records exist.

Allison Mondello SPR26/0605 Page 3 March 10, 2026 Conclusion Accordingly, the Department is ordered to provide Mr. Sharkey with a response, 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. Sharkey may appeal the substantive nature of the Department’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Kyle Sharkey