Skelley, William v. Longmeadow, Town of - Police Department (SPR 20150437)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 20,2015 SPRlS/437 Ms. Carolyn Lee Town of Longmeadow Police Department 34 Williams Street Longmeadow, MA 01006 Dear Ms. Lee: I have received the petition of William J. Skelley appealing the response of Town of Longmeadow Police Department (Department) to his request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, on May 15, 2015 Mr. Skelley requested copies of Department records regarding an Abuse Prevention Order. In a response dated May 21, 2015 the Department denied his request citing to Exemption (f), the investigatory exemption, stating the responsive records is part of an ongoing investigation. The Department also stated that changes to the domestic abuse laws prohibit the release of the responsive records. In a response dated July 9, 2015 the Department clarified its position for withholding the responsive records pursuant to G. L. c. 41 §97D as it operates by way of Exemption (a), the statutory exemption to the Public Records Law. Please note that the personal status of Mr. Skelley in the matter in question does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Skelley's status will provide no basis as to the public status ofthe responsive records. Exemption (a) In its July 9 letter, the Department indicated its intent to withhold the records pursuant to Exemption (a) of the Public Records Law. Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, §7 (26) OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Carolyn Lee SPR15/437 Page Two July 20, 2015 A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public's right to inspect records under the Public Records Law is restricted. See Attorney General v. Collector of Lynn, 377 Mass. 151, 54 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This office cannot order disclosure of records if a statute mandates nondisclosure. General Chemical Corp. v. Department of Environmental Quality Engineering, 19 Mass. App. Ct. 287 (Mass. App. Ct. 1985). The applicable statute that permits the Department to withhold certain records pursuant to Exemption (a) provides in pertinent part: All reports of rape and sexual assault or attempts to commit such offenses and all conversations between police officers and victims of said offenses shall not be public reports and shall be maintained by the police departments in a manner which will assure their confidentiality. G. L. c. 41 §97D Whereas the responsive record consists of information related to the type of information specifically exempted by statute, I find that the Department acted properly in withholding the requested records from disclosure pursuant to Exemption (a of the Public Records Law. ep~l~s, Qn . W1lliams Supervisor of Records cc: Mr. William J. Skelley