Wild, Elizabeth v. Massachusetts State Police (SPR 20261013)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 26, 2026 SPR26/1013 Allison Mondello Records Access Officer Massachusetts Department of State Police 50 Maple Street Milford, MA 01757 Dear Ms. Mondello: I have received the petition of Elizabeth Wild 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 January 11, 2026, Ms. Wild requested “[all] video, audio, and related records concerning a traffic stop involving my vehicle that occurred on January 11, 2026, at approximately 10:45 AM, on I-84 eastbound at mile marker 4.6 in Sturbridge, Massachusetts, conducted by [an identified] Massachusetts State Police trooper … This request includes, but is not limited to, the following records:” [1] The full name and rank of the trooper identified as MSP5398[;] [2] The name and rank of the trooper’s immediate supervisor on duty at the time of the stop[;] [3] Any records indicating whether the trooper is listed on a Brady/Giglio disclosure list and any non-exempt disciplinary findings related to credibility, truthfulness, or misconduct[;] [4] All computer-aided dispatch records, RMV queries, CJIS searches, and any other law enforcement database search logs conducted by the trooper between 10:30 AM and 11:00 AM on January 11, 2026[;] [5] All exterior-facing cruiser dash camera footage[;] [6] All interior-facing cruiser camera footage[;] [7] All rear-facing and side-facing cruiser camera footage[;] [8] All body-worn camera video and audio recordings from the trooper[;] [9] All synchronized or associated audio recordings captured inside or outside the cruiser[.] Please include all responsive footage and recordings beginning at least fifteen (15) minutes prior to the initiation of the traffic stop and ending fifteen (15) 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 SPR26/1013 Page 2 March 26, 2026 minutes after the conclusion of the stop. Previous Appeal The requested records were the subject of a previous appeal. See SPR26/0495 Determination of the Supervisor of Records (February 19, 2026). In my February 19th determination, I ordered the Department to clarify if additional records responsive to Ms. Wild’s request exist. The Department responded on March 2, 2026. Unsatisfied with the Department’s response, Ms. Wild petitioned this office and this appeal, SPR26/1013, 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. 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 March 2nd Response On March 2, 2026, the Department provided some responsive records and stated, “[p]lease note that there are no responsive videos 15 minutes after [an identified individual] interacted with you.” Current Appeal In her appeal petition, Ms. Wild contends: …several issues identified in the determination still appear to remain unresolved. In particular:  Clarification regarding the absence of audio in portions of the produced

Allison Mondello SPR26/1013 Page 3 March 26, 2026 recordings  Confirmation of whether any responsive CAD, RMV, CJIS, or related access logs exist within Massachusetts State Police systems reflecting database queries conducted in connection with the stop I would also like to reiterate my request for a raw data export of citation records associated with [an identified individual.] As noted in my appeal, I am not requesting analysis or a newly created report, but rather any existing data export reflecting citation records so that I may independently review the information. If the Department does not maintain such records, I would appreciate confirmation of the specific agency that maintains the underlying citation dataset. Additional Records 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). 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 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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 issues raised in Ms. Wild’s appeal, it is unclear whether the Department possesses additional responsive records. Specifically, the Department must clarify whether it possesses “audio in portions of the produced recordings[,]” “any responsive CAD, RMV, CJIS, or related access logs[,]” and “citation records associated with [an identified individual.]” To the extent that additional records exist, I find the Department must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Ms. Wild 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. Wild may further appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Allison Mondello SPR26/1013 Page 4 March 26, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Elizabeth Wild