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Robert Hohler v. Danvers, Town of - Police Department (SPR 20212331)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 09-10-2021

ClosedAppealPetitioner Won

SPR 20212331 is a Massachusetts Public Records Law appeal filed by Robert Hohler concerning records held by Danvers, Town of - Police Department, opened 09-10-2021. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.

Case Details

Case Number
20212331
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Robert Hohler
Custodian
Danvers, Town of - Police Department
Date Opened
09-10-2021
Date Closed
09-23-2021
Date Request Submitted
04-12-2021
Petitions Regarding Fees
No
Time to Comply
10 Business Days
Went to Court
No

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 23, 2021 SPR21/2331 Philip Tansey Acting Chief Danvers Police Department 120 Ash Street Danvers, MA 01923 Dear Acting Chief Tansey: I have received the petition of Robert Hohler of the Boston Globe appealing the response of the Danvers 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. Hohler requested a “… copy of a report on the investigation the Danvers Police conducted in 2020 that included looking at those complaints about the 2019-20 Danvers High School boys varsity hockey team [including] … copies of any incident reports or other DPD documents or communications that refer to the boys hockey team.” Previous appeals This request was the subject of previous appeals. See SPR21/1271 Determination of the Supervisor of Records (June 3, 2021); SPR21/1556 Determination of the Supervisor of Records (July 2, 2021 and August 13, 2021). In my July 2nd determination, this office requested an in camera review of the requested records. In my August 13, 2021 determination, I found that the Department did not meet its burden to support all the redactions made to the investigative report. On August 27, 2021 the Department responded. Unsatisfied with the response, Mr. Hohler petitioned this office and this appeal, SPR21/2331, was opened as a result. Based upon a conversation between a Public Records Division staff attorney and a Department representative, it is my understanding that the Department intends on providing a subsequent response to Mr. Hohler. Accordingly, the Department is ordered to provide Mr. Hohler with a response to the request in a manner consistent with the Public Records Law and its Access Regulations within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Hohler may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). 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

Acting Chief Philip Tansey SPR21/2331 Page 2 September 23, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Robert Hohler

Acting Chief Philip Tansey SPR21/2331 Page 3 September 23, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Robert Hohler