Kelly, Aaron v. Bedford, Town of - Police Department (SPR 20140250)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 12,2014 SPR14/250 Mr. Aaron Kelly 20 Charles Street Arlington, MA 01730 Dear Mr. Kelly: I have received your letter appealing the response of the Town of Bedford-Police Department (Department) to your request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, you requested copies of records regarding the arrest of a specified individual. The Department denied your request pursuant to Exemption (f) of the Public Records Law. G. L. c 4, § 7 (26)(f). Please note that your personal status 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. ChiefofPolice ofLexington, 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) 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). The exemption is also intended to allow investigative officials to provide an assurance of OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Aaron Kelly SPR14/250 Page Two May 12,2014 confidentiality to individuals so that they will speak openly about matters under investigation. Bougas v. Chiefo[Police, 371 Mass. 59, 62 (1976). Information relating to an ongoing investigation may be withheld if disclosure could alert suspects to the activities of investigative officials. Bougas v. Chief of Police of Lexington, 371 Mass 59, 62 (1976). In Chief Bongiorno's February 11, 2014 letter he explained that an investigation into a complaint filed regarding the incident subject to this records request remains active and ongoing. Whereas the investigation remains ongoing, it is the finding of this office that the Department acted appropriately in withholding the requested records at this time. Once the investigations conclude the records of the investigations must be released in accordance with the provisions of the Public Records Law. Accordingly, I will consider this appeal closed. ms Supervisor of Records cc: Chief Robert Bongiorno