Haley, Robert v. Lowell, City of - Law Department (SPR 20150858)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 31, 2015 SPR15/858 Mr. Elliott J. Veloso, Esq. Assistant City Solicitor City of Lowell - Law Department 375 Merrimack Street, 3r Floor Lowell, MA 01852 Dear Attorney Veloso: I have received the petition of Robert Haley appealing the response of the City of Lowell Law Department (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Haley requested an unredacted copy of a citizen complaint. The Department provided a copy of the complaint and redacted certain identifying information. This request was the subject of a previous appeal. See SPR15/700 Determination of the Supervisor of Records (October 19, 2015). In my October 19 Determination, I found the Department acted within its discretion in making redactions to the responsive record under Exemption (f) of the Public Records Law. G. L. c. 4, § 7(26)(f). In correspondence to this office dated November 10, 2015, Mr. Haley asks that I reconsider the October 19 Determination. Exemption (f) is intended to allow investigative officials to provide an assurance of confidentiality to private citizens so that they will speak openly and voluntarily about matters they have witnessed. Bougas v. Chief of Police, 371 Mass. 59, 62 (1976). After another careful and thorough review of this matter, I respectfully decline to reverse my finding that the Department made the redactions within its discretion pursuant to Exemption (f). See SPR15/700 Determination ofthe Supervisor of Records (October 19, 2015). Purpose of request; identity of requester I understand this request relates to an ongoing matter involving Mr. Haley. Please note that 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Elliott, J. Veloso, Esq. SPR15/858 Page Two December 31, 2015 circumstances of the requester. See Bougas, 371 Mass. at 64. Accordingly, Mr. Haley's purpose in making the request has no bearing on the public status of any existing responsive records. It should be noted that the discovery process and the Public Records Law are two distinct and independent avenues for gaining access to records. The Massachusetts Supreme Judicial Court has held that while a party's access to records may be limited by the Public Records Law, this may not preclude obtaining the records through discovery. Commonwealth v. Wanis, 426 Mass. 639 (1998). As such, Mr. Haley may wish to consider another means of seeking to obtain any existing responsive records. This appeal is now closed. cc: Mr. Robert Haley