Ana Brasil v. Norwood, Town of - Police Department (SPR 20221484)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 6, 2022 SPR22/1484 Officer Mario Costa Chief Clerk Town of Norwood Police Department 137 Nahatan Street Norwood, MA 02062 Dear Officer Costa: I have received the petition of Ana Brasil, a Paralegal at Brooks Law Firm, appealing the response of the Town of Norwood Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Brasil requested: “a complete copy of the police report regarding the 4/1/22 incident at the Coakley Middle School involving [an identified minor]. I have attached a [P]ower of [A]ttorney for [the identified mother of the minor.” The Department provided an April 26, 2022 response indicating that it will not release any reports under G. L. c. 119, § 60A (juvenile delinquency case records) as it operates through Exemption (a) of the Public Records Law. As a result, Albert Ngo, Esq., of Brooks Law Firm petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his petition, Attorney Ngo asserts, “[The Department] has stated that the requested records are associated with an active and ongoing prosecution, but it does not explain the subject of the prosecution or how this active prosecution would retain the victim’s counsel from obtaining a copy of the police report, otherwise held by their [D]epartment.” Purpose of request 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 Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Ms. Brasil’s and Attorney Ngo’s purpose in making the request has no bearing on the public status of any existing responsive records. 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

Officer Mario Costa SPR22/1484 Page 2 July 6, 2022 Active Litigation After this appeal was opened, a senior attorney on my legal staff had a conversation with Officer Costa, and was informed that the requested incident report pertains to and is the subject of a proceeding in Dedham Juvenile Court (Norfolk County, Docket No. 22AC0201DE). 950 C.M.R. 32.08(2)(b) provides in pertinent part pertaining to active litigation: 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. Conclusion Accordingly, given the active litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). If Ms. Brasil and Attorney Ngo are not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Ana Brasil, Brooks Law Firm