James Maurtiz v. North Reading, Town of - Police Department (SPR 20190895)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 10, 2019 SPR19/895 Lieutenant Kevin Brennan North Reading Police Department 150 Park Street North Reading, MA 01864 Dear Lieutenant Brennan: I have received the petition of Jamie Mauritz James, Esq., of the Law Offices ofJ amie Mauritz James and Associates on behalf of her client, appealing the response of the Town of North Reading -Police Department (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Attorney James' client requested a copy of: "outdoor surveillance of police station 4:55 PM through 5:15 PM on 10/13/18." Initially on April 9, 2019, the Department denied the request under Exemption (n) of the Public Records Law. As a result, on April 30t\ Attorney James petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In her petition, Attorney James indicates that the recording is necessary to defending her client in a pending matter in the Worcester County District Court, Docket No. 1853CR002250. Status oftlte requestor; reason for tlte request Attorney James is advised, the Public Records Law does not distinguish between individuals seeking public records. Attorney James' status as an attorney seeking records to defend a court action does not provide her or her client with any greater right of access to public records than any other person. See G. L. c. 66, § 10(a ); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Access to a record pursuant to the Public Records Law rests on the content of the record, regardless of the circumstances of the requestor. In a telephone conversation with a Public Records Division staff attorney on May 7, 2019, Attorney James informed this office that the Department will provide the requested recording under her client's unique right of access. Therefore, where the Department is providing the record, Attorney James asked this office to withdraw her appeal. Accordingly, I will consider this administrative appeal closed. 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

Lt. Kevin Brennan SPR19/895 Page 2 May 10, 2019 Sincerely, ~a~ Supervisor of Records cc: Jamie Mauritz James, Esq.