Sharkey, Kyle v. Department of State Police (SPR 20261456)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 30, 2026 SPR26/1456 Allison Mondello Records Access Officer Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Kyle Sharkey 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 April 11, 2026, Mr. Sharkey requested the following: 1. The complete retirement notice, personnel order, or announcement related to the retirement of [a named individual], effective on or about April 8, 2026, including any attached or referenced documents. 2. Any letter of intent to retire, retirement application, or resignation letter submitted by [the named individual]. 3. All internal emails, memoranda, correspondence, notes, or other communications (including between [the named individual] and MSP personnel, or among MSP command/staff) concerning the processing, approval, or timeline of [the named individual]’s retirement, from the date of any initial submission or discussion through the effective retirement date of April 8, 2026. 4. Any supporting documentation related to the approval process, including but not limited to timelines, checklists, approvals from command staff, or records of any discussions regarding the retirement date. The Department responded on April 16, 2026, and assigned reference number P003961- 041126 to this request. Unsatisfied with the Department’s response, Mr. Sharkey petitioned this office, and this appeal, SPR26/1456, 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 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 SPR26/1456 Page 2 April 30, 2026 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. Current Appeal In his appeal petition, Mr. Sharkey argues the following: It is hard to assume ALL emails need to be fully redacted and or not produced, when specific items can be redacted. . . . I request that the Massachusetts State Police redact what is necessary in the 65 emails (unknown how many pages) under exemption (c) produce a redaction Log, which will note Redaction Reasons by Page for each email for under which part of Exemption (c) where is necessary and produce the emails. The Department’s April 16th Response In its April 16, 2026 response, the Department states the following: With the information provided in the request, the Department conducted a diligent search and was able to locate the following responsive record which is attached to this message and has been made available to you in My Records Center: - 26PER212 Additional responsive records include the following, which are withheld as described below: - Related emails - approximately 65 email items - Personnel File Records Upon review, please be advised that the Department denies your request for the personnel file records and related emails because the information you requested is personnel information and statutorily exempted from public disclosure under G. L. c. 4, §7, cl. 26 (c) which exempts “personnel and medical files or information;

Allison Mondello SPR26/1456 Page 3 April 30, 2026 also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy.” Although the statute does not define the term “personnel information,” Massachusetts law exempts from public disclosure any information which is useful in making employment decisions, including but not limited to employment applications, employee work evaluations, performance assessments, disciplinary documentation, and promotion, demotion, or termination information. ... Pending 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 civil litigation, relating to the records at issue in Mr. Sharkey’s request, is active and ongoing in the Plymouth Superior Court. See Paul O’Keefe Individually and Personal Rep. of the Estate of John Joseph O’Keefe III, et al. vs. C&C Hospitality, LLC d/b/a C.F. McCarthy’s et al., (Plymouth Superior Court, Docket No. 2483-CV-00692) (April 16, 2026). In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). 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). Sincerely, Manza Arthur Supervisor of Records cc: Kyle Sharkey