Louison, Esq., Douglas v. Braintree, Town of (SPR 20140154)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April9, 2014 SPR14/154 Mr. Douglas I. Louison, Esq. Louison, Costello, Condon, & Pfaff, LLP 101 Summer Street Boston, MA 02110 Dear Attorney Louison: This office has received your petition appealing the response of the Town of Braintree (Town) to your request for public records. See G. L. c. 66, § 1O (b ); see also 950 C.M.R. 32.08(6). Specifically, you requested a copy of a specifically identified internal affairs investigatory report. In a response letter to you, the Town stated that it was withholding the responsive record pursuant to Exemptions (c) and (f) of the Public Records Law. The applicability of Exemption (f) is first considered. 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)(£) Exemption (f) may be used by investigative officials if the disclosure of records could have an adverse effect on an effective law enforcement investigation. WBZ-TV4 v. District Attorney for the Suffolk Dist., 408 Mass. 595, 603 (1990). Furthermore, this exemption may restrict the disclosure of confidential investigative techniques, procedures or sources of OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Douglas I. Louison, Esq. SPR14/154 Page Two April9, 2014 information. Bougas v. Chief of Police, 371 Mass. 59, 62 (1976). In an April3, 2014 telephone conversation with an attorney on my staff, Town Solicitor Peter J. Morin stated that the responsive record remains exempt from disclosure as it includes information relating to a subsequent ongoing investigation. According to Town Solicitor Morin, the Town has completed the initial investigation for which you have requested a copy of its findings. However, the initial investigation brought light to additional information that has required the Town to conduct a subsequent investigation, a matter that currently remains ongoing. While the initial investigation is complete, the record responsive to your request includes information relating to an ongoing investigation. Accordingly, it is my finding that the Town may permissibly withhold the responsive record pursuant to Exemption (f) until such time as its disclosure would no longer effect any ongoing investigations. Whereas the Town may permissibly withhold the responsive record pursuant to Exemption (f), an analysis as to the applicability of Exemption (c) is not required. Accordingly, this administrative appeal is now closed. Supervisor of Records cc: Mr. Peter J. Morin, Esq.