Lisa Munger v. Attleboro, City of - Police Department (SPR 20221666)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 3, 2022 SPR22/1666 Kyle P. Heagney Chief of Police Attleboro Police Department 12 Union Street Attleboro, MA 02703 Dear Chief Heagney: I have received the petition of Lisa Munger, of the Justice Resource Institute, appealing the response of the Attleboro Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 7, 2022, Ms. Munger requested: All police reports, calls, log, etc. of any and all involvement including communication and in-person between [Attleboro Police Department] and [Attleboro High School] for all [Attleboro High School] students from the time period of 5/31/22 through 6/3/22. Please be sure that the records include court referrals if any were made. Previous Appeal This request has been the subject of a previous appeal. See SPR22/1477 Determination of the Supervisor of Records (July 12, 2022). In the Supervisor’s July 12th determination, the Supervisor ordered the Department to provide Ms. Munger with a response to her request. On July 19, 2022, the Department responded. Unsatisfied with the Department’s response, Ms. Munger petitioned this office and this appeal, SPR22/1666, was opened as a result. Status of Requestor 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 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

Chief Kyle P. Heagney SPR22/1666 Page 2 August 3, 2022 (1976). Accordingly, Ms. Munger’s status will play no role in a determination as to whether the records should be disclosed or redacted under the Public Records Law. Pending litigation In its July 19, 2022 response, the Department asserts “this is an open case currently with the Attleboro Juvenile Court held at the Taunton District Court House, under Docket No. 22AC0467AT. This report involves juvenile criminal offenders (all under the age of 18) as well as juvenile witnesses.” In a further response to this office provided on August 3, 2022, the Department states that “the requested records involve[] an open and unadjudicated criminal case currently with the Attleboro Juvenile Court (Docket No. 22AC0467AT). This report involves juvenile criminal offenders and witnesses which are under the age of eighteen.” It is my understanding that the requested records are related to the active and ongoing pending 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. In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Lisa Munger