Internal Affairs Files Provided to the Globe
| Tracking # |
SPR20-2245 |
| Submitted | Oct. 17, 2020 |
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Communications
From: Nathaniel Story
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
I am seeking all internal affairs logs, case files, and other internal affairs related documents that have been provided to the Boston Globe in 2020.
This includes but is not limited to the logs the Globe references:
"Through public records requests, the Globe obtained internal investigation logs stretching from the 1970s through April of this year."
in this story: https://www.bostonglobe.com/2020/10/17/metro/dozens-state-police-troopers-remain-force-despite-past-illegal-conduct/
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 10 business days, as the statute requires.
Sincerely,
Nathaniel Story
From: Nathaniel Story
Supervisor of Public Records,
I submitted a public records request to the Massachusetts State Police more than 10 business days ago, but I have not received a response. Please order compliance with my request. Pasted below is the full text of the request submitted to the State Police public records portal.
Thank you!
Nathaniel Story
Original Request:
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
I am seeking all internal affairs logs, case files, and other internal affairs related documents that have been provided to the Boston Globe in 2020.
This includes but is not limited to the logs the Globe references:
"Through public records requests, the Globe obtained internal investigation logs stretching from the 1970s through April of this year."
in this story: https://www.bostonglobe.com/2020/10/17/metro/dozens-state-police-troopers-remain-force-despite-past-illegal-conduct/
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 10 business days, as the statute requires.
Sincerely,
Nathaniel Story
From: Massachusetts State Police
Dear Records Custodian,
Please be aware, this office has received an appeal relating to your entity's response to a request for public records. Attached are further details concerning this appeal. If you have any questions or wish to provide further information relating to this matter, please contact the Public Records Division at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> or 617-727-2832.
Given that the Supervisor of Records must issue a determination within 10 business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.
Most sincerely,
August Bottorf
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
From: Massachusetts State Police
Hello,
Please be aware, the Supervisor of Records has issued a determination relating to an appeal in which you were involved. This determination is attached and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx.
If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.
Thank you,
August Bottorf
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Massachusetts State Police
Dear Records Custodian:
Please be aware, this office has received a petition relating to your entity's response to a request for public records. Attached are further details concerning this petition. If you have any questions or wish to provide further information relating to this matter, please contact the Public Records Division at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> or 617-727-2832. Given that the Supervisor of Records must issue a determination within 5 business days of receipt of the petition, please provide any additional information to this office as soon as possible.
Sincerely,
Lauren Foley
Staff Attorney
Public Records Division
Secretary of the Commonwealth
Lauren.Foley@sec.state.ma.us<mailto:Lauren.Foley@sec.state.ma.us>
From: Massachusetts State Police
The Massachusetts Department of State Police ("Department") has received and reviewed dated your request dated October 26, 2020 seeking;
"seeking internal affairs logs, case files, and other internal affairs related documents that have been provided to the Boston Globe in 2020. This includes but is not limited to the logs the Globe references: "Through public records requests, the Globe obtained internal investigation logs stretching from the 1970s through April of this year." in this story: https://www.bostonglobe.com/2020/10/17/metro/ dozens-state-police-troopers-remain-force-despite-past-illegal-conduct/"
The Department considers your request as a submission pursuant to G.L. c. 66, §10, the Massachusetts Public Records Law. The Department has identified the attached documents as responsive to your request. Please be advised that the documents are being provided as they were provided to the Boston Globe, including redactions made prior to their release.
Please also be advised that further redactions have been made to the IA Pro Query to remove civilian employee identifications numbers pursuant to G.L. c. 4, §7, cl. 26 (c).
As you know, G.L. c. 4, §7, cl. 26 (c) exempts from public disclosure "personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy." The statute does not define the term "personnel information." Materials falling within the personnel information category are absolutely exempt from public disclosure without need to consider the impact of disclosure upon the privacy rights of a specifically named individual. Moreover, determinations whether a document is personnel in nature must be made on a case by case basis. At a minimum, however, the Courts have interpreted the exemption to include any information which is useful in making employment decisions such as employment applications, employee work evaluations, performance assessments, disciplinary documentation, and promotion, demotion, or termination information. See Wakefield Teachers Ass. v. School Committee of Wakefield, 431 Mass. 792, 798 (2000); Brogan v. School Committee of Westport, 401 Mass. 306, 308 (1987); Pottle v. School Committee of Braintree, 395 Mass. 861, 866 (1985); George W. Prescott Publishing Company v. Registry of Probate for Norfolk County, 395 Mass. 274, 278 (1985); Globe Newspaper Company v. Boston Retirement Board, 388 Mass. 427, 436, n. 15 (1983); Hastings & Sons Publishing Company v. City Treasurer of Lynn, 374 Mass. 812, 818 (1978); Worcester T&G v. Chief of Police of Worcester, 58 Mass. App. Ct. 1 (2003). The Department asserts that an employee's civilian identification number constitutes personnel information and is therefore exempt from public disclosure.
If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A. Please contact me if you have any questions or concerns. Thank you for your attention in this matter.
Respectfully,
Joshua D. Reilly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: 508-988-7426
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The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.
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From: Nathaniel Story
Thank you!
Nathan
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