Donna M. Cuipylo v. Salem, City of - Police Department (SPR 20160077)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 25,2016 SPR16/077 Ms. Sharyn G. Lubas, Esq. Salem Police Department 95 Margin Street Salem, MA 01970 Dear Attorney Lubas: I have received the petition of Donna Cuipylo appealing the response of the City of Salem Police Department (Department) to her requests for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Ms. Cuipylo requested internal affairs investigation records regarding specifically identified Department officers. On February 1, 2016 the Department provided Ms. Cuipylo with certain responsive records and withheld one complaint in its entirety explaining that it contained information of a victim of domestic violence and information relative thereto. Ms. Cuipylo argued in her petition that the withheld record need not be withheld in its entirety, that exempt portions can be redacted from the responsive record. Subsequent to the intervention by a member of my staff, you confirmed to this office that that a copy of the responsive record would be made available to Ms. Cuipylo with the exempt material segregated. Whereas this matter was opened based upon the Department's withholding of the record in its entirety, I will now consider this administrative appeal closed with the proviso that the responsive record be provided within ten (10) days ofthis determination. Ms. Cuipylo 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 regarding the Public Records Law. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Sharyn G. Lubas, Esq. SPR16/077 Page 2 February 25,2016 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 provided in this determination for furt r information. r of Records Enclosure cc: Ms. Donna Cuipylo