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Donald W. Kimball, Jr. v. Swampscott, Town of - Police Department (SPR 20221875)
Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 08-15-2022
ClosedAppealPetitioner Won
SPR 20221875 is a Massachusetts Public Records Law appeal filed by Donald W. Kimball, Jr. concerning records held by Swampscott, Town of - Police Department, opened 08-15-2022. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.
Case Details
- Case Number
- 20221875
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Donald W. Kimball, Jr.
- Date Opened
- 08-15-2022
- Date Closed
- 08-29-2022
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 29, 2022 SPR22/1875 Captain Joseph Kable Swampscott Police Department 531 Humphrey Street Swampscott, MA 01907 Dear Captain Kable: I have received the petition of Donald W. Kimball Jr., appealing the response of the Swampscott Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 25, 2022, Mr. Kimball requested, “[a]ny and all unredacted [sic] documents, in any form whatsoever, from the Swampscott Police Department’s investigation into [named person]…” Prior Appeal The requested records were the subject of a prior appeal. See SPR22/1682 Determination of the Supervisor of Records (August 3, 2022). In my August 3rd determination, I found that the Department did not meet its burden under Exemption (c), and ordered the Department to provide a further response. On August 9, 2022, the Department responded. Unsatisfied with the Department’s response Mr. Kimball petitioned this office and this appeal, SPR22/1875, 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. Kimball. Accordingly, the Department is ordered to provide Mr. Kimball with said response in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Kimball 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 Captain Joseph Kable SPR22/1875 Page 2 August 29, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Donald W. Kimball Jr.