Ronald Alexander v. Wellesley, Town of - Police Department (SPR 20171390)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 16, 2017 SPR17/1390 Kelly Leahy Police Records Manager Wellesley Police Department 485 Washington Street Wellesley, MA 02482 I have received the petition of Ronald Alexander appealing the response of the Wellesley Department (Department) to his request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Alexander requested "copies of the audio recording(s) of the phone call(s)" to the Department by an identified individual on September 7, 2017. Previous determinations This request was the subject of a petition submitted by the Town. See SPR17/ 1278 Determination of the Supervisor of Records (September 20, 2017). Following my September 20th determination, the Department provided a response dated September 21, 2017 in which it denied access to responsive records under Exemptions (c) and (f) of the Public Records Law. G. L. c. 4, § 7(26)(c), (f). Mr. Alexander objects to this response and SPR17/1390 was opened as a result. Current appeal In the Department's September 13, 2017 petition you assert "Mr. Alexander is using the Public Records Law in this instance to intimidate and harass [the identified individual] and to scare her away from communicating with the Police Department." The Department indicates "[t]he purpose of the Public Records Law is to promote transparency regarding governmental activities" and states "this request is targeted at private activities and appears calculated to discourage communication by one individual with a public safety office." The Department claims the request "is designed to intimidate or harass" and asserts that "it is essential [the identified individual] feels safe enough, and free enough from future harassment and intimidation, to be able to call the Police Department for help." For the reasons articulated in the Department's petition, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b)(2) (this office may deny an appeal if, in the opinion ofthe 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

Kelly Leahy SPR1711390 Page 2 October 16, 2017 Supervisor of Records, the request is designed or intended to harass, intimidate, or assist in the commission of a crime). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Ronald Alexander