Kelly Wallace Ianelli, Esq. v. Salem, City of - Police Department (SPR 20161001)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords November 14, 2016 SPR16/1001 Sharyn G. Lubas, Esq. City of Salem Police Department 95 Margin Street Salem, MA 01970 Dear Attorney Lubas: I have received the petition of Kelly Wallace Ianelli, Esq., appealing the response of the City of Salem-Police Department to your request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). I am unable to proceed with this appeal, as Attorney Wallace failed to provide a copy of the original request. Any appeal to this office shall be in writing, and shall include a copy of the letter by which the request was made. As stated in the Public Records Access Regulations (Regulations), the Supervisor shall accept an appeal only from a person who has made his or her request in writing. An oral request, while valid as a public records request pursuant to 950 CMR 32.05 (3), may not be the basis of an appeal under 950 CMR 32.08. In review of the response provided it appears the request is related to records associated with a domestic dispute. It is important to note, therefore, that the personal status of any person represented by Attorney Wall ace Ianelli affords no greater right of access to the requested information than other persons. 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 u as v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). cc: Kelly Wallace Ianelli, Esq. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us