Alyn, Susan v. Arlington, Town of - Police Department (SPR 20150892)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 8, 2016 SPRlS/892 Captain Juliann Flaherty Town of Arlington Police Department 112 Mystic Street Arlington, MA 024 7 4 Dear Captain Flaherty: I have received the petition of Susan Alyn of MuckRock News appealing the response of Town of Arlington 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. Alyn requested copies of copies of records regarding a stabbing incident and subsequent arrest. In a response dated August 24, 2015 the Department denied providing her the responsive records it maintains in their entirety citing to Exemptions (c), the privacy exemption and (f) the investigatory exemption to the Public Records Law. G. L. c. 4 §7(26)(c),(f). In its response the Department explained that the incident report contains medical information and witness statements that if released would create a grave risk of directly or indirectly identifying a private citizen who volunteers as a witness. The Department responded further in correspondence dated October 1, 2015 and November 9, 2015, as it appears that multiple requests were filed with the Department by Ms. Alyn after the initial response. Ms. Alyn's position is that the responsive records should not be withheld in their entirety, the material the Department believes exempt can be redacted and the non-exempt portions should be disclosed. Subsequent to the intervention by a member of my staff, Town Counsel Doug Heim informed members of my staff that the Department provided Ms. Alyn with the non exempt portions of the responsive records. Whereas this matter was opened based upon the responsive records being withheld in their entirety, I will now consider this administrative appeal closed. Ms. Alyn may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). To assist the Department in responding to requests for public records I have enclosed a copy of our publication, A Guide to the Massachusetts Public Records Law. This document is also available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Captain Juliann Flaherty SPR15/892 Page 2 January 8, 2016 regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number above for further information. yturs, nA.~liams cc: Ms. Susan Alyn Mr. Doug Heim, Esq.-Town Counsel