Kane-McGunigle, Dianne v. Quincy, City of - Police Department (SPR 20150888)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 14, 2015 SPRlS/888 Captain John R. Dougan City of Quincy - Police Department 1 Sea Street Quincy, MA 02169 Dear Captain Dougan: I have received the petition of Dianne Kane-McGunigle of the Baystate 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. Kane McGunigle requested a copy of a "[p] olice report of an incident ... when [a specifically identified individual] reported videotaping a neighbor urinating in public." You denied Ms. Kane McGunigle's request, referring her to a prior determination of this office, in which I found the Department may permissibly withhold the responsive records from another requester from the Baystate Examiner. See SPR15/354 Determination of the Supervisor of Records (July 15, 2015). Right ofA ccess Please note that the personal status of the Ms. Kane-McGunigle 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). I reaffirm my determination of July 15, 2015 and find that e Department may permissibly withhold the responsive records under the Public Rec rds Law. wn Supervisor of Records cc: Ms. Dianne Kane-McGunigle OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre