Shaffer, Maya v. Quincy, City of - Police Department (SPR 20150354)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 15, 2015 SPRlS/354 Captain John R. Dougan City of Quincy - Police Department 1 Sea Street Quincy, MA 02169 Dear Captain Dougan: I have received the petition of Maya Shaffer of the Bay State Examiner appealing the response of City of Quincy Police Department (Department) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Ms. Shaffer requested a copy of a "[p] olice report of an incident ... when [a specifically identified individual] reported videotaping a neighbor urinating in public." The Department denied Ms. Shaffer's request in its entirety citing the privacy and investigatory exemptions to the Public Records Law. G. L. c. 4, § 7 (26) (c), (f). Exemption (f), the so-called investigatory exemption, allows investigatory officials to withhold: 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) This exemption allows investigative officials to withhold materials that could 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). Therefore, a custodian generally must demonstrate a prejudice to investigative efforts in order to withhold requested records. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Captain John R. Dougan SPR15/354 Page Two July 15, 2015 Further, the exemption is also intended to allow investigative officials to provide an assurance of confidentiality to individuals so that they will speak openly about matters under investigation. Bougas v. Chief of Police, 371 Mass. 59, 62 (1976). Consequently, there is no requirement that an investigative agency demonstrate prejudice to an ongoing investigation to withhold the identities of voluntary witnesses, informants or complainants. Reinstein v. Police Comm'r ofBoston, 378 Mass. 281,290 n.18 (1979). Any information contained in a witness statement, which if disclosed would create a grave risk of directly or indirectly identifying the voluntary witness is subject to withholding. Globe Newspaper Co. v. Boston Retirement Bd., 388 Mass. 427,438 (1983). The disclosure of the names of voluntary witnesses may deter other potential witnesses and citizens from providing information to police in future investigations. Therefore, Exemption (f) will allow the withholding of the name and identifying details of witnesses and complainants. In addition, any information contained in a witness statement, which if disclosed would create a grave risk of directly or indirectly identifying the voluntary witness may be withheld from disclosure. Globe Newspaper Co. v. Boston Retirement Bd., 388 Mass. 427,438 (1983) (identifying information is considered not only from the viewpoint of the public, but also from the vantage of those who are familiar with the individual). In your April27 response to Ms. Shaffer you explained that the Department is withholding the responsive records as disclosure would identify the "voluntary witness and complainant." In her request Ms. Shaffer identified the complainant; therefore it is not possible for the Department to release the responsive record without confirming the involvement of that specifically identified person and jeopardizing future witness cooperation. Accordingly, I find the Department may permissibly withhold the responsive records. As such, a review of the Department's Exemption (c) claim is not warranted. Supervisor of Records cc: Ms. Maya Shaffer