Crimaldi, Laura v. Ipswich, Town of - Finance Department (SPR 20140256)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 9, 2014 SPR14/256 Ms. Laura Crimaldi The Boston Globe 135 Morrissey Boulevard Boston, MA 02135 Dear Ms. Crimaldi: This office has received your petition appealing the response of the Town of Ipswich (Town) to your March 25,2014 request for public records. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(6). Specifically, you requested copies of records relating to the internal affairs investigation of a specifically named police officer regarding an incident that occurred on October 27 and 28, 2013. In an April2, 2014 email response to you, David C. Jenkins, Esq., Counsel for the Town, stated that responsive records were being withheld from disclosure pursuant to Exemptions (c) and (f) ofthe Public Records Law. The applicability ofExemption (f) is first considered. Exemption (j) 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) 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Laura Crimaldi SPR14/256 Page Two May 9, 2014 Attorney for the Suffolk Dist., 408 Mass. 595, 603 (1990). Furthern1ore, this exemption may restrict the disclosure of confidential investigative techniques, procedures or sources of information. Bougas v. ChiefofPolice, 371 Mass. 59,62 (1976). In an April30, 2014 telephone conversation with an attorney on my staff, Attorney Jenkins confirmed that the requested records relate to an ongoing investigation being conducted by the Essex County District Attorney's Office. It is my finding that the disclosure of records in response to this request may adversely impact that ongoing investigation. Accordingly, the Town may permissibly withhold these records pursuant to Exemption (f) until such time as its disclosure would no longer effect any ongoing investigations. Whereas the Town may permissibly withhold responsive records pursuant to Exemption (f), an analysis as to the applicability ofExemption (c) is not required. Accordingly, this administrative appeal is now closed. ~~ Shawn A. Williams Supervisor of Records cc: Mr. David C. Jenkins, Esq.