Shawn Wiley v. Danvers, Town of - Police Department (SPR 20250075)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 21, 2025 SPR25/0065; SPR25/0075 James Lovell Chief of Police Danvers Police Department 120 Ash Street Danvers, MA 01923 Dear Chief Lovell: I have received the petitions of Shawn Wiley appealing the nonresponses of the Danvers Police Department to two requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 15, 2024 and December 24, 2024, Mr. Wiley requested the following: SPR25/0065: all records pertaining to Incident #23011525, particularly the unredacted video interview conducted with [an identified individual]. This waiver eliminates any legal justification under Exemption (c) or similar privacy-based claims that may otherwise limit disclosure of my personal information. SPR25/0075: copies of all records, communications, and correspondence involving [identified individuals], and any other members of the Danvers Police Department or the Essex County District Attorney’s Office regarding any matter related to [identified individuals]. Specifically, I am requesting the following: Scope of Request Timeframe • From January 1, 2024, through December 24, 2024. Specific Records Requested 1. Emails, Phone Calls, Text Messages, and Other Correspondence: • All emails, phone call logs, text messages, or written correspondence exchanged between [identified individuals]. 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 James Lovell SPR25/0065; SPR25/0075 Page 2 January 21, 2025 • Any correspondence or communications between [an identified individual], and any other members of the Danvers Police Department or Essex County District Attorney’s Office concerning the investigation of or actions related to [identified individuals]. 2. First Point of Contact: • Documentation or notes regarding the first point of contact between [identified individuals] in relation to the case, including the date, time, and context of the communication. 3. Meeting Notes and Phone Call Summaries: • Notes, summaries, or recordings of any phone calls or in-person meetings where [identified individuals], or other members of the Danvers Police or Essex DA’s Office discussed [an identified individual]’s case. 4. Investigation-Related Records: • Any internal emails, memos, or other records documenting discussions, decisions, or actions related to the case, including those addressing allegations, evidence provided, or witness accounts. 5. Collaborative Actions Taken: • Any communications or records documenting collaborative actions or strategies between the Danvers Police Department and Essex County District Attorney’s Office regarding the handling, investigation, or closure of [an identified individual]’s case. 6. Contextual Details of Communications: • Records reflecting the subject matter or context of any communications or interactions, such as emails or phone calls discussing investigative leads, evidence review, witness interviews, or prosecutorial decisions. Claiming to not yet have received responsive records, Mr. Wiley petitioned this office and the following appeals, SPR25/0065 and SPR25/0075, were opened as a result. Despite being notified of the opening of these appeals, it remains unclear whether the Department has provided a response(s). Accordingly, the Department is ordered to provide Mr. Wiley with a response(s) to his requests, 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(s) must be provided to this office. It is preferable to send an electronic copy of the response(s) to this office at pre@sec.state.ma.us. Mr. Wiley may appeal the substantive nature of the Department’s response(s) within ninety (90) days. See 950 C.M.R. 32.08(1).

Chief James Lovell SPR25/0065; SPR25/0075 Page 3 January 21, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Shawn Wiley