Steve Kropper v. Lexington, Town of - Police Department (SPR 20211774)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 27, 2021 SPR21/1774 Captain Michael McLean Lexington Police Department 1575 Massachusetts Avenue Lexington, MA 02420 Dear Captain McLean: I have received the petition of Steve Kropper appealing the response of the Lexington Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 12, 2021, Mr. Kropper requested records concerning a complaint, incident of entrapment, and a license. The Department provided a response to Mr. Kropper. Unsatisfied with the Department’s response, Mr. Kropper petitioned this office and this appeal, SPR21/1774, was opened as a result. Active Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. It is my understanding that litigation, relating to the subject of Mr. Kropper’s request, is still active and ongoing in Concord District Court. See Kropper, Steve v. Kahn, Alexandra Lee (Docket No. 2147SC000112). Conclusion In light of the active and ongoing litigation, I decline to opine on this matter. See 950 CMR 32.08(2)(b). Accordingly, this administrative appeal is 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

Capt. Michael McLean SPR21/1774 Page 2 July 27, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Steve Kropper Donna Dutton