Massachusetts State Police Take $180 From Records Requester; Refuse To Turn Over Records

from the taking-your-cake-and-eating-it-too dept

The police department of the largest city in the US often tops the list of public records villains.  According to FOIA requesters, the NYPD manages to out-stonewall notoriously recalcitrant entities like the NSA, FBI, and CIA.  Not far behind the NYPD, however, is the entire state of Massachusetts. 

This state has the worst public records laws in the nation, with 19 pages of exemptions -- almost one-third of its 60-page public records statute.  Various state entities have done things like withhold documents on a 63-year-old murder case, citing the "ongoing" nature of an investigation with zero leads and several dead suspects.  Officials have also claimed the state's SWAT teams are private entities, out of the reach of public records requests.  The state's lawyers have previously argued the state laws -- as crippled as they are -- hand over too much power to constituents. 

But possibly nothing beats the Massachusetts state police.  Investigative Reporters and Editors handed the agency its "Golden Padlock" award in 2015 for being the most secretive agency in the nation.  The agency does far more than stonewall requesters.  It sets up astronomical paywalls between requesters and their records. 

IRE notes the $42,750 and $62,220 fees handed to the Boston Globe for the log of its public records requests and records of crashes involving police cruisers, respectively.  IRE also mentions that a Bay State Examiner reporter was told to pay a $710.50 “non-refundable research fee” for an estimate of another fee to obtain copies of internal affairs reports. 

MuckRock records requester Andrew Quemere wasn't hit with a huge fee for his records request.  He was asked for $180 up front before the state police would respond to his request for records.  But then the state police decided to keep its records… and Quemere's money, too. 

After pocketing $180 in fees for a public records request, the Massachusetts State Police (MSP) turned around and attempted to convince the state supervisor of public records that the agency didn’t have to turn the records over. 

Quemere was searching for records on marijuana possession enforcement, attempting to see if the MSP were still busting people for pot after voters had approved legalization but before the law took effect.  He made this request last December.  At first, the MSP tried to argue all the records were exempt from disclosure, citing a criminal records statute which forbade the disclosure of suspects' and arrestees' names and other personal info. 

Quemere pointed out this information could be redacted before the docs were released to him.  The state's Supervisor of Records agreed with Quemere and told MSP to release the redacted records.  The state police then asked Quemere for $180 to cover the review and redacting costs: 7.2 hours @ $25/hour. 

Quemere crowdfunded the fee and sent MSP the check.  That's when the state police went from less-than-responsive to entirely unresponsive. 

I raised the money through a crowdfunding campaign, and MuckRock sent the MSP a check on March 1.  However, the MSP never turned over the records or even acknowledged receiving the check.  On March 31, I asked the MSP if they had received the check, but the agency did not respond. 

Quemere filed another appeal, hoping to at least find out where his money was, if not his requested records.  The state supervisor again ruled in favor of Quemere and noted the state police claimed the records would be ready in ten days.  Guess what didn't happen. 

Instead, Glenn Rooney, an MSP lawyer sent the supervisor of records an email on April 28th in which he again argued that the reports were exempt under the CORI statute.  Rooney wrote that the CORI statute allows agencies to withhold records in their entirety, and there is no obligation for them to redact records protected by CORI.  He further argued that the MSP could not release the records because someone could use police logs to identify the arrestees. 

Nearly a month later, Quemere filed his third appeal.  And for a third time, the state records supervisor overruled the state police and told the agency to hand over the records. 

I wish I could tell this has now been resolved but a visit to the request page shows the state police still have yet to turn over the requested records, much less give Quemere an expected due date.  As it stands now, there's a ton of unproductive correspondence from the state police uploaded and an expected completion date of "none." 

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Filed Under: foia, massachsetts, police, public records