Conboy, Michael v. Department of State Police - Milton Barracks (SPR 20140012)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 21, 2014 SPR14/012 Mr. Michael J. Conboy Smith Duggan 55 Old Bedford Road Lincoln, MA 01773-1125 Dear Mr. Conboy: I have received your letter appealing the response of the Department of State Police (Department) to your request for records. Specifically, you requested copies of records related to a specifically identified accident that occurred in Boston on October 2, 2013. In its response, Department Counsel Glenn M. Rooney denied your request pursuant to Exemption (f), the investigatory exemption of the Public Records Law. G. L. c. 4, § 7 (26)(f). Please note that the personal status of your client in the matter in question does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Exemption (f) Exemption (f) applies to: investigatory materials necessarily compiled out of the public view by law enforcement or other investigatory officials the disclosure of which materials would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest G. L. c. 4, § 7(26)(f) One Ashburton Place, Room 1719, Boston, Massachusetts 02108 (617) 727-2832 Fax (617) 727-5914 · · www.sec.state.ma. us/ pre

Mr. Michael J. Conboy SPR14/012 Page Two January 21, 2014 There is no blanket exemption for records maintained by investigative officials. District Attorney for the Norfolk District v. Thomas J. Flatley, 419 Mass. 507, 512 (1995) (burden on custodian to prove that an exemption applies); WBZ-TV4 v. Dist. Att'y for the Suffolk Dist., 408. Mass. 595, 603 (1990). Rather, a case-by-case review is necessary to determine whether an exemption applies. Reinstein v. Police Comm'r of Boston, 378 Mass. at 281,289-90 (1979). The general purposes of Exemption (f) include the avoidance of premature disclosure of the Commonwealth's case prior to trial and the prevention of disclosure of confidential techniques, procedures or sources of information. WBZ-TV4 v. District Attorney for the Suffolk District, 408 Mass. 595, 603 (1990); Bougas v. Chief of Police of Lexington, 371 Mass. 59, 62 (1976). On January 8, 2013 Attorney Rooney confirmed to this office that the investigation surrounding the incidents subject to this records request remains ongoing. Whereas the investigation into the incident remains ongoing, it is the finding of this office that the Department acted appropriately in withholding the requested records. Accordingly, I will consider this appeal closed. Supervisor of Records cc: Mr. Glenn M. Rooney, Esq.