Daniel J. Hedequist v. Wellesley, Town of - Police Department (SPR 20210821)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 6, 2021 SPR21/0821 Cheryl Carlson Wellesley Police Department 485 Washington Street Wellesley, MA 02482 Dear Ms. Carlson: I have received the petition of Daniel Hedequist, appealing the response of the Wellesley Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). It appears Mr. Hedequist requested a certain police report. The Department provided responses on March 18, 2021, and March 22, 2021, denying access to responsive records pursuant to Exemption (a) of the Public Records Law. G. L. c. 4, § 7(26)(a). Unsatisfied with the Department’s responses Mr. Hedequist petitioned this office and this appeal, SPR21/0821, was opened as a result. Purpose of Request; Identity of the Requestor In his appeal, Mr. Hedequist states that the police report he seeks concerns his own home and members of his own family. Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Hedequist’s interest in obtaining the report has no bearing on the public nature of the record. In his appeal, Mr. Hedequist also states that he is “appealing the decision . . . to refuse [his] request for a police report [he] sought in person regarding an incident at [his] home.” After a review of the case file, it is unclear if the original request referenced in the appeal was provided. See 950 C.M.R. 32.08(1)(g) (requestors shall provide to the Supervisor complete copies of all correspondence associated with the petition). Accordingly, I am unable to opine on this appeal at this time. If unresolved issues remain, Mr. Hedequist may file an appeal with this office with the necessary documents. 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

Cheryl Carlson SPR21/0821 Page 2 April 6, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Daniel J. Hedequist