Joseph F. Hennessey v. Worcester, City of - Police Department (SPR 20232627)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 14, 2023 SPR23/2627 Janice E. Thompson, Esq. Assistant City Solicitor City of Worcester 911 Lincoln Square Worcester, MA 01608 Dear Attorney Thompson: I have received the petition of Attorney Joseph F. Hennessey appealing the nonresponse of the Worcester 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 September 15, 2023, Attorney Hennessey requested the following records: [1.] …the complaint and Department investigation report regarding this complaint filed by [an identified individual] regarding an incident involving [an identified] officer] alleging that [the identified officer] … [made] multiple racial comments to [an identified individual] during a road rage incident in July of 2023. [2.] All internal communications, emails, cellphone communications including personal and department cellphone communications between [an identified] officer and all Worcester Police Officers and supervisors regarding the testimony of [an identified individual] during a clerk’s magistrate hearing on or about September 11, 2023 ... [3.] …all [Department] complaints filed by [an identified individual] against [an identified] officer], [the identified individual] alleging that [the identified officer] struck him while handcuffed on July 26, 2023 during the execution of a search warrant at [an identified address]. [4.] All internal affairs investigations, complaints, investigation reports and disciplinary actions of [an identified] officer from the start of his career to present. Subsequently, on September 29, 2023 Attorney Hennessey clarified his request as to the officer involved. Claiming to not yet have received responsive records, Attorney Hennessey petitioned this office and this appeal, SPR23/2627, was opened as a result. 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

Janice E. Thompson, Esq. SPR23/2627 Page 2 November 14, 2023 Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Attorney Hennessey with a response to his request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Attorney Hennessey may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Joseph F. Hennessey, Esq.