Crimaldi, Laura v. Ipswich, Town of - Finance Department (SPR 20140360)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 4, 2014 SPR14/360 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 oflpswich (Town) to your request for public records. See G. L. c. 66, § 1O (b ); see also 950 C.M.R. 32.08(2). 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. Please be advised that this office previously held that the Town may permissibly withhold records responsive to this request pursuant to Exemption (f) of the Public Records Law. See SPR14/256 Determination of Supervisor ofRecords (May 9, 2014). Your most recent request to the Town seeks copies of the same set of records that you previously requested and which I determined to be exempt from disclosure. It is my understanding that a criminal matter involving this individual remains pending in Salem District Court. Accordingly, it is my finding that the disclosure of responsive records at this time may prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest. See District Attorney for the Norfolk District v. Flatley, 419 Mass. 507, 512 (1995); see also G.L. c. 4, § 7(26)(f). Whereas the investigation is ongoing I find the Town acted within its discretion in withholding the responsive records at this time. This administrativ appeal ·s now closed. cc: Mr. David C. Jenkins, Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre