Michael Dreslinski v. Holden, Town of - Police Department (SPR 20160115)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 9, 2016 SPR16/115 Chief David A. Armstrong Town of Holden Police Department 1370 Main Street Holden, MA 01520 Dear Chief Armstrong: I have received the petition of Michael Dreslinski appealing the response of The Town of Holden 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, Mr. Dreslinski requested a copies of records related to him the Department has withheld pursuant to exemptions of the Public Records Law. The Department provided a detailed response dated November 25, 2015. The basis of Mr. Dreslinski's appeal is the Department's withholding portions of: an internal activity log; several email correspondences and; a multi department activity log. In the Department's November 25 response you explained that the Department is withholding portions of the requested records pursuant to Exemption (f) of the Public Records Law. G. L. c 4 §7(26)(f). Exemption (f), the "investigatory" exemption, permits the withholding of: investigatory materials necessarily compiled out of the public view by law enforcement or other investigatory officials the disclosure of which materials would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest G. L. c. 4, §7 (26) Confidential investigative techniques may be withheld indefinitely if disclosure is deemed to be prejudicial to future law enforcement activities. Bougas v. Chief of Police of Lexington, 371 Mass 59, 62 (1976). An investigative agency is not required to demonstrate prejudice to withhold the identities of voluntary witnesses, informants, or complainants. Reinstein v. Police Commissioner of Boston, 3 78 Mass. 281, 290 n.l8 (1979). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Chief David A. Armstrong SPR16/118 Page 2 March 9, 2016 In your letter you explained that the Department intends to withhold the portions of the requested records pursuant to Exemption (f) that would define investigative techniques that if disclosed would prejudice future law enforcement, and/or identify voluntary witnesses, informants, or complainants. Given that Exemption (f) allows the Department to withhold such information, I will consider this appeal closed. To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is 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. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records L u requ st. Please contact my office directly at the telephone number provided in this det mina n £ further information. visor of Records cc: Mr. Michael Dreslinski