Jun Du v. Bourne, Town of - Police Department (SPR 20213362)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 6, 2022 SPR21/3362 Debi McCarthy Records Access Officer Bourne Police Department 175 Main Street Bourne, MA 02532 Dear Ms. McCarthy: I have received the petition of Jun Du appealing the response of the Bourne Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 1, 2021, the requestor sought an identified police report. Previous appeal This request was the subject of previous appeal. See SPR21/2485 Determination of the Supervisor of Records (October 8, 2021). The Department provided a response on September 30, 2021. Unsatisfied with the Department’s response, Mr. Du petitioned this office and this appeal, SPR21/3362, 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. This office has been made aware that the requested records are at issue in unresolved litigation in Falmouth District Court. See Commonwealth vs. Du, Jun. (Docket No. 2189CR001095). 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

Debi McCarthy, RAO SPR21/3362 Page 2 January 6, 2022 Conclusion In light of the ongoing litigation, I decline to opine on this matter. See 950 CMR 32.08(2)(b). Accordingly, this administrative appeal is closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jun Du Lt. Brandon Esip