Musgrave, Shawn v. Executive Office of Public Safety and Security - Department of State Police (SPR 20140347)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 18, 2014 SPR14/347 Mr. Shawn Musgrave MuckRock News Dept. MR 5130 P. 0. Box 55819 Boston, MA 02205-5819 Dear Mr. Musgrave: I have received your letter appealing the response of the Massachusetts Department of State Police (Department) 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 regarding an intelligence briefing concerning cell phone service being shut down in Boston on a specific date. In a May 30, 2014 response, Department Counsel Glen M. Rooney informed you that a search of Department records generated two intelligence briefings concerning cell phone services on or about the time frame stated in your request. In his response Attorney Rooney denied your request for these records pursuant to Exemption (f) of the Public Records Law. 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)(£) Confidential investigative techniques may be withheld indefinitely if disclosure is deemed to be prejudicial to future law enforcement activities. Bougas v. Chief of Police of Lexington, 371 Mass 59, 62 (1976). In a June 26, 2014 conversation with an attorney on my staff Attorney Rooney explained that disclosure of the responsive records would reveal confidential investigative techniques, procedures or sources of Department information. Releasing the requested material would undermine the abilities and effectiveness of law enforcement in future investigations. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Shawn Musgrave SPR14/347 July 18,2014 Page Two Accordingly, the Department may permissibly withhold the responsive records and I will consider this matter closed. Supervisor of Records cc: Mr. Glenn M. Rooney, Esq.