O'Leary, Michael v. Northampton Police Department (SPR 20140194)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 27,2014 SPR14/194 Mr. Michael O'Leary Hospitality Mutual Insurance Company 95A Turnpike Road Westborough, MA 015 81 Dear Mr. O'Leary: This office has received your petition appealing the response of the Northampton Police Department (Department) to your February 18, 2014 request for public records. See G. L. c. 66, § 1O (b ); see also 950 C.M.R. 32.08(6). Specifically, you requested copies of witness statements related to a specifically identified incident. Exemption (/) In a February 20, 2014 response letter, the Department stated that it was withholding responsive witness statements pursuant to Exemption (f) of the Public Records Law. 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 ifthe 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). The exemption may also be used by investigative officials to encourage individual citizens to come forward and speak freely concerning matters under investigation. Bougas v. Chief of Police, 371 Mass. 59, 62 (1976). OneAshburron Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Michael O'Leary SPR141194 Page Two May 27,2014 In a May 13, 2014 telephone conversation with an attorney on my staff, Northampton City Solicitor Alan Seewald stated that the Department will provide you with copies of the responsive witness statements. According to City Solicitor Seewald, the Department will redact any witness identifying information from the records provided to you. It is my finding that the Department may permissibly redact this information from the responsive records pursuant to Exemption (f). This exemption permits the withholding of witness identifying information so that individuals are encouraged to come forward and speak with investigative officials. See Bougas at 62. Whereas the Department will provide you with copies of the requested records, this administrative appeal is closed. Supervisor of Records cc: Mr. Alan Seewald, Esq. Chief Russell P. Sienkiewicz