Catherine M. Kay v. Milford Police Department (SPR 20201704)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 29, 2020 SPR20/1704 James F. Falvey Deputy Police Chief Town of Milford Police Department 250 Main Street Milford, MA 01757 Dear Deputy Chief Falvey: I have received the petition of Catherine M. Kay, Esq. and Sam Davidson-Weiss of Community Legal Aid on behalf of their client, appealing the response of the Town of Milford Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Attorney Kay and Mr. Davidson-Weiss requested various records relating to their client. With its request, Community Legal Aid provided the Department with a signed “Authorization to Release Information” from the client dated August 2, 2020 to allow the Department to release records pertaining to their client’s case. On August 21, 2020, Deputy Chief of Police James F. Falvey indicated that the Department has in its possession an incident report, but is withholding the report in its entirety under Exemption (f) of the Public Records Law, due to an ongoing investigation. Unsatisfied with the response, Attorney Kay petitioned the Supervisor of Records and this appeal was opened as a result. In a telephone conversation with a Senior Attorney in the Public Records Division, you explained that the only record the Department has in its possession is the incident report, concerning the victim, Attorney Kay’s client. It is my understanding that the record is a report of a sexual assault or an attempt to commit a sexual assault. See G. L. c. 41, § 97D. While under G. L. c. 41, § 97D the report is restricted from public disclosure, the statute allows access to the victim, the victim’s attorney, and others specifically authorized by the victim to obtain such information. 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

Deputy Chief James F. Falvey SPR20/1704 Page 2 September 29, 2020 Conclusion Given that Attorney Kay may have greater rights of access to the record under a statute other than the Public Records Law, I encourage the parties to communicate further. If unresolved issues remain, Attorney Kay may file an appeal with this office. Sincerely, Rebecca S. Murray Supervisor of Records cc: Catherine Kay, Esq.