Sullivan, Esq., Brian v. Office of the Bristol County Sheriff (SPR 20140160)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 2, 2014 SPR14/160 Mr. Brian J. Sullivan, Esq. 209 Bedford Street, Suite 402 Fall River, MA 02720 Dear Mr. Sullivan, Esq.: I have received your petition appealing the response of the Bristol County Sheriffs Office (Sheriff) to your request for records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, you requested copies of records that would identify equipment known as a "Stingray Device" and any other equipment utilized by the South Coast Anti-Crime Team for cell phone surveillance. The Sheriff denied your request pursuant to Exemption (n), the public safety exemption. Exemption (n) In a written response Special Sheriff Attorney Bruce A. Assad denied your request pursuant to Exemptions (b) and (n) ofthe Public Records Law. Exemption (n) applies to: records including, but not limited to, blue prints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons, buildings, structures, facilities, utilities, transportation or other infrastructure located within the commonwealth, the disclosure of which, in the reasonable judgment of the custodian, subject to review by the supervisor of public records under subsection (b) of section 10 of chapter 66, is likely to jeopardize public safety G. L. c. 4, §7 (26)(n) (emphasis added) Exemption (n) allows for the withholding of certain records which if released would undermine public safety. It is the duty of the custodian of records to exercise reasonable judgment to determine whether release of the record is likely to jeopardize public safety. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Brian J. Sullivan, Esq. SPR14/160 Page Two May 2, 2014 In an April3, 2014 telephone conversation, Attorney Lorraine J. Rousseau of the Bristol County Sheriffs Office explained to an attorney on my staff that disclosure of the records responsive to this request may prove detrimental to both the Sheriff's necessary governmental function in law enforcement efforts and public safety. The Sheriff's position is that public safety may be jeopardized by the release of the responsive record. I find that the Sheriff properly withheld the responsive records pursuant to Exemption (n) of the Public Records Law. Accordingly, this administrative appeal is now closed. If you are not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 1O (b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Shawn A. Williams Supervisor of Records cc: Bristol County Sheriffs Office