Susanna Henry v. Attleboro, City of - Police Department (SPR 20201468)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 2, 2020 SPR20/1468 Kyle Heagney Chief of Police City of Attleboro Police Department 12 Union Street Attleboro, MA 02703 Dear Chief Heagney: I have received the petition of Attorney Susanna Henry appealing the response of the Attleboro 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 June 18, 2020, Attorney Henry requested “[a]ny and all internal affairs investigative records for Attleboro Police Officer Kevin Sellers, including but not limited to officer reports, witness interview summaries, and internal affairs reports regarding any and all allegations of said officer’s misconduct or abuse of civilians or defendants.” Previous Appeal This request was the subject of a previous appeal. See SPR20/01235 Determination of the Supervisor of Records (August 5, 2020). In my August 5th determination, I found the Department’s response did not contain the specificity required in a denial of access to public records. The Department was ordered to provide Attorney Henry with a response to the request, provided in a manner consistent with the order, the Public Records Law and its Regulations. Claiming to not have received said response, Attorney Henry petitioned this office, and SPR20/1468, was opened as a result. Conclusion Subsequent to the opening of this appeal, the Department provided a response to Attorney Henry via email on August 31, 2020. Whereas the basis of this appeal was opened as a 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

Chief Kyle Heagney SPR20/1468 Page 2 September 2, 2020 result of the Department’s lack or response, I will now consider this administrative appeal closed. Attorney Henry may appeal the substantive nature of the Department’s August 31st response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Susanna Henry, Esq.