Jenn Bussell v. Winchester, Town of - Police Department (SPR 20201344)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 25, 2020 SPR20/1344 Lt. Daniel J. O’Connell Lieutenant-in-Charge Winchester Police Department 30 Mt. Vernon Street Winchester, MA 01890 Dear Lt. O’Connell: I have received the petition of Ms. Jenn Bussell, appealing the nonresponse of the Town of Winchester Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on July 16, 2020, Ms. Bussell requested the following documents related to a certain investigation; 1. “Call transcripts, incident reports, and affidavits created and submitted by officers of the Winchester Police Department in response to emergency calls for incidents at [a specified address] between 1972 and 2002…” 2. “Call transcripts, incident reports, and affidavits created and submitted by officers of the Winchester Police Department in response to non-emergency calls regarding the property at [a specified address]...” 3. “Crime scene photos taken by officers and/or detectives of the Winchester Police Department at [a specified address], including the interior and exterior of the home and surrounding property (e.g. front and rear walk-ways, driveway, sidewalk, front yard, rear yard, side yards) on and around [a certain date].” 4. “Transcripts of witness interviews conducted by Winchester Police detectives at [a specified address] and/ or at the Winchester Police Department station with personally identifiable information redacted per MA law pertaining to [a specified incident].” 5. “Correspondence between the Winchester Police Department and [a certain individual] requesting that he relinquish any firearms in his possession.” 6. “Records indicating firearms owned by [a certain individual] were in possession of the Winchester Police Department.” 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. Daniel J. O’Connell SPR20/1344 Page 2 August 25, 2020 Claiming to not yet have received a response, Ms. Bussell petitioned this office and this appeal was opened as a result. Previous Appeal Ms. Bussell previously submitted a request to the Department requesting parts 1-4 of this request and the Department responded to that request dated June 10, 2020. Ms. Bussell appealed that response and SPR20/1004 was opened as a result. See SPR20/1004 Determination of the Supervisor of Records (July 8, 2020). In my July 8th determination, I found that the Department’s June 10th response did not contain the specificity required in a denial of access to public records. The Department was ordered to identify what records it has in its possession, custody or control that are responsive to Ms. Bussell’s request. Ms. Bussell appealed the subsequent response from the Department and appeal SPR20/1343 was opened as a result. Current Appeal Parts 5 and 6 of Ms. Bussell’s current request are unique to this appeal, SPR20/1344. It is my understanding that the Department has yet to provide a response with respect to parts 5 and 6 of Ms. Bussell’s request. Conclusion Accordingly, the Department is ordered to provide Ms. Bussell with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations as soon as practicable. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Bussell may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Jenn Bussell Daniel M. DeBlander, Esq.