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William Barabino, Esq. v. Lawrence, City of - Police Department (SPR 20230593)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 03-29-2023

ClosedAppealPetitioner Won

SPR 20230593 is a Massachusetts Public Records Law appeal filed by William Barabino, Esq. concerning records held by Lawrence, City of - Police Department, opened 03-29-2023. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.

Case Details

Case Number
20230593
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
William Barabino, Esq.
Custodian
Lawrence, City of - Police Department
Date Opened
03-29-2023
Date Closed
04-12-2023

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 April 12, 2023 SPR23/0593 Officer Mark Panagiotakos Keeper of the Records Lawrence Police Department 90 Lowell Street Lawrence, MA 01840 Dear Officer Panagiotakos: I have received the petition of William J. Barabino, Esq., appealing the response of the Lawrence Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 25, 2023, Attorney Barabino requested the following: [1] All data, manuals, directives, policies, instructions, and other written or electronic documents relating to the process of recording and preserving, and procedure of recording and preserving, booking videos at Lawrence PD [2] All emails, text messages, and other written or electronic communications relating to the basis of refusal of a prior public records request by William J. Barabino, Esq. dated on or about September 9, 2023 [sic] records regarding a named individual. On March 28, 2023, the Department responded and indicated that it was withholding the requested records pursuant to Exemption (f) of the Public Records Law. G. L. c. 4, § 7(26)(f). Unsatisfied with the Department’s response, Attorney Barabino petitioned this office and this appeal, SPR23/0593, 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 Attorney Barabino. Accordingly, the Department is ordered to provide Attorney Barabino with said response in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Attorney Barabino 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 Mark Panagiotakos SPR23/0593 Page 2 April 12, 2023 may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: William J. Barabino, Esq.