Sean Bucci v. Massachusetts State Police (SPR 20181643)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 21, 2018 SPR18/1643 Michael Halpin, Esq. Chief Legal Counsel Department State Police 470 Worcester Road Framingham, MA 01702 Dear Attorney Halpin: I have received the petition of Sean Bucci appealing the response of the Department of State Police (Department) to a request for public records. G. L. c. 66, § IOA; see also 950 C.M.R. 32.08(1). Specifically, on October 15, 2018, Mr. Bucci requested certain Department records regarding communications with other state and federal law enforcement agencies about an identified trooper's "job applications/interviews/background checks and possible employment with the [Department] at any time prior to 3/27/07 ... Or after 3/27/07 ... " The Department provided a response on November 5, 2018, denying access to responsive records pursuant to Exemptions (c) and (f) of the Public Records Law. G. L. c. 4, § 7(26)(c), (f). Unsatisfied with the Department's response, Mr. Bucci petitioned this office and this appeal, SPR18/1643, was opened as a result. The Department's November 51 response " In its November 5, 2018 response, the Department states that Mr. Bucci' s request, which is identical to another public records request, is being withheld pursuant to Exemptions ( c) and (f), consistent with previous Supervisor of Records determinations, SPRl 8/1085 and SPR18/1455. See SPR18/I085 Determinations of the Supervisor of Records (August 3, 2018 and September 26, 2018); SPR18/1455 Determination of the Supervisor of Records (October 15, 2018) (SPR18/1085 and SPR18/1455). Upon review of this matter, and as indicated by Mr. Bucci in his public records request, this request is identical to one made by a media associate of his, which was the subject of a previous appeal. See SPR18/1455. In SPR18/1455, I indicated that the issues raised in that appeal were similar to those addressed in SPR18/1085, which was closed with the understanding that the Department had met its burden in withholding the background investigation records under the first clause of Exemption (c) and Exemption (f). As such, I indicated that the 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

Michael Halpin, Esq. SPR18/1643 Page 2 November 21, 2018 September 26th determination of SPRl 8/1085, would serve as the determination for SPRl 8/1455 as well. Accordingly, whereas this appeal appears to be a request for the same records as that involved in SPRl 8/1455, please be advised that my September 26th determination shall serve as the determination for this current appeal. Sincerely, Rebecca S. Murray Supervisor of Records cc: Sean Bucci