Harold R. Gillam, III v. Athol, Town of - Police Department (SPR 20160477)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 13, 2016 SPR16/477 Mr. Timothy C. Allen Chief of Police Town of Athol Police Department 5 8 Main Street Athol, MA 01331 Dear Chief Allen: I have received the petition of Harold R. Gillam, III appealing the response of Town of Athol Police Department (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Gillam requested copies of Department records regarding: a particular restraining order and; certain communications and correspondence between a specifically identified individual and the Department. In response the Department denied his request pursuant to G. L. c. 41 §97D as it operates by way of Exemption (a), the statutory exemption to the Public Records Law. Right ofA ccess In his petition, Mr. Gillam indicated he may be entitled to the records responsive to his request pursuant to G. L. c. 41 §97D (i),(ii). Please note that the personal status of Mr. Gillam 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). Accordingly, Mr. Gillam's status will provide no basis as to the public status of the responsive records. Exemption (a) In its response, the Department indicated its intent to withhold the records pursuant to Exemption (a) of the Public Records Law. Exemption (a), known as the statutory exemption, permits the withholding of records that are: OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Timothy Allen SPR16/477 Page 2 July 13, 2016 specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, §7 (26) A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public's right to inspect records under the Public Records Law is restricted. See Attorney General v. Collector of Lynn, 3 77 Mass. 151, 54 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This office cannot order disclosure of records if a statute mandates nondisclosure. General Chemical Corp. v. Department of Environmental Quality Engineering, 19 Mass. App. Ct. 287 (Mass. App. Ct. 1985). The applicable statute that permits the Department to withhold certain records pursuant to Exemption (a) is the Confidentiality of reports of rape and related offenses; violations; penalties statute which provides in pertinent part: All reports of rape and sexual assault or attempts to commit such offenses and all conversations between police officers and victims of said offenses shall not be public reports and shall be maintained by the police departments in a manner which will assure their confidentiality. G. L. c. 41 §97D It is, therefore, the finding of this office that the Department may withhold the requested records from disclosure pursuant to Exemption (a) of the Public Records Law. ~!?22 Supervisor of Records cc: Mr. Harold R. Gillam, III