Herman, Colman v. Director, Office of Media Relations (SPR 20140286)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 29,2014 SPR14/286 Mr. Colman M. Herman 1200 Adams Street Dorchester, MA 02124 Dear Mr. Herman: I have received your petition appealing the response of the City of Boston Inspectional Services Department (lSD) to your April 23, 2014 request for public records. See G. L. c. 66, § 10(b); see also 950 CMR 32.08(2) (explaining appeals process). Specifically, you requested copies of all records related to D & J Iron Works, Guiseppe Falcone, Joseph Falcone and/or Oliver Realty Trust. On April 23, 2014, Senior Administrative Assistant Lisa M. Timberlake, (lSD) informed you that the Boston Police Department (Department) has directed lSD to withhold the records related to your request pending the Department's investigation into an incident involving the parties identified in your request. G. L. c 4, § 7(26) (f). On April28, 2014, Nicole I. Taub in the Department's Office of the Legal Advisor again denied your request, also citing the investigatory exemption to the Public Records Law. Exemption (f) In a May 21, 2014 discussion, Ms. Taub informed an attorney on my staff that the Department is in the midst of an active and on-going investigation concerning the subjects of the records. Exemption (f) provides for the withholding of: 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) One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Colman M. Herman SPR14/286 Page Two May 29,2014 Exemption (f) allows investigative officials to withhold materials that compromise investigative efforts if disclosed. There is no blanket exemption, however, for records created or maintained by investigative officials. District Attorney for the Norfolk District v. Flatley, 419 Mass. 507, 512 (1995); WBZ-TV4 v. District Attorney for the Suffolk District, 408 Mass. 595, 603 (1990). I find that, based upon the responses of Ms. Timberlake and the explanation provided by Ms. Taub, the requested records may be properly withheld due to the active, on-going criminal investigation pursuant to Exemption (f) of the Public Records Law. Accordingly, whereas the Department has properly withheld the responsive records pursuant to Exemption (f), your administrative appeal is closed. Supervisor of Records cc: Ms. Nicole I. Taub Ms. Lisa Timberlake