Shawn Wiley v. Danvers, Town of - Police Department (SPR 20250749)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 1, 2025 SPR25/0749 James Lovell Chief of Police Danvers Police Department 120 Ash Street Danvers, MA 01923 Dear Chief Lovell: I have received the petition of Shawn Wiley appealing the response of the Danvers 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 December 24, 2024, Mr. Wiley requested the following: 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. 1. Emails, Phone Calls, Text Messages, and Other Correspondence: • All emails, phone call logs, text messages, or written correspondence exchanged between [identified individuals]. • 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: 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 SPR25/0749 Page 2 April 1, 2025 • 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. Previous Appeals This request was the subject of previous appeals. See SPR25/0075 Determination of the Supervisor of Records (January 21, 2025) and SPR25/0600 Determination of the Supervisor of Records (March 14, 2025). In my March 14th determination, I found that it was unclear how the withheld records are restricted under G. L. c. 41, § 97D, as it operates through Exemption (a) of the Public Records Law. Further, I found that the Department must clarify whether the privilege has not been waived, and to provide a privilege log in accordance with G. L. c. 66, § 10A(a). Lastly, I requested that the Department identify the record(s) it has in its possession that it withheld or redacted under Exemptions (a) and (c) of the Public Records Law. The Department responded on March 17, 2025. Unsatisfied with the response, Mr. Wiley petitioned this office and this appeal, SPR25/0749, was opened as a result. It is my understanding that the Department intends on providing a further response to Mr. Wiley. Accordingly, the Department is ordered to provide Mr. Wiley with said response in a manner consistent with 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 the response to this office at pre@sec.state.ma.us. Mr. Wiley may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1).

Chief James Lovell SPR25/0749 Page 3 April 1, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Shawn Wiley