MA Public Records Request Sexual Harassment Investigation Case #20 15-004

Daralyn Heywood filed this request with the Massachusetts State Police of Massachusetts.
Est. Completion None
Status
No Responsive Documents

Communications

From: Daralyn Heywood

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

To Whom It May Concern:

I have been making this request for years. I made my first request in 10/16/2016, second 10/19/2016, third, 11/19/2021, (see below) I request emails between or amongst Kerry Gilpin, Richard Ball, Thomas Grenham, James Jones, Michael Lyver, Mary McCauley, Anthony Thomas, Stephen Fennessy from Dec 16, 2016, that mention my name or sexual harassment and retaliation complaint, until Sept 14, 2018. This is not a law enforcement investigation that is subject to Bougas, this is an administrative procedure, the materials I seek are also the product of an administrative procedure, emails of public officials. Transparency is of paramount importance to ensure our government agencies are working in a fair and just manner. Police transparency is crucial to public trust.

Please note a statement AUG 2021 from the spokesman for ATTORNEY GENERAL MAURA HEALEY:
“Our state’s public records law is in place to ensure an open, accessible, and accountable government, especially important when it comes to promoting public confidence in law enforcement," said Jillian Fennimore, a spokesperson for Healey, in a statement. "Following repeated failures by the Boston Police Department to produce these records, we are seeking an order from the court that they must be turned over.”

Attorney General MAURA HEALEY is seeing Boston PD for 10-year-old records of a Domestic Violence incident. In the interest of social justice in my 5-year-old case of SEXUAL HARASSMENT and RETALIATION, yet to be tried and my failed attempt over five year period, I request any email from any employee of the Attorney General's Office to the Massachusetts State Police directing the Mass State Police to withhold requested documents.

Daralyn Heywood

From: Heywood, Daralyn (POL)
Sent: Wednesday, October 05, 2016 10:17 PM
To: Farrell, Sean (POL); Halpin, Michael (POL)
Subject: Fw: HIU Case #2015-004

Gentlemen,
I respectfully request all recordings, tapes, emails, notes, meeting minutes, roundtable discussions, and transcripts of my HIU Case 2015-004.
Thank You!

Kindly,
Sgt Daralyn Heywood #2449
State Police South Yarmouth
Daralyn

From: Farrell, Sean (POL)
Sent: Wednesday, October 19, 2016 8:37:09 PM (UTC-05:00) Eastern Time (US & Canada)
To: Heywood, Daralyn (POL)
Cc: Halpin, Michael (POL); Lyver, Michael (POL)
Subject: RE: HIU Case #2015-004

Sgt. Heywood: I received your request for additional information and transcripts from the Department relative to the above-referenced investigation. I apologize for the delay in this response.

As you know, the Department, as a courtesy and pursuant to applicable policies, previously provided you, as a complainant, with a copy of the Report in July. The Department, however, is denying your request for additional information.

As an initial matter, this investigation was an internal personnel investigation and, as such, is not subject to public release pursuant to G.L. c. 4, sec. 7, cl. 26 (c).

Second, the investigative exemption G.L. c. 4, §7, cl. 26(f) exempts from public disclosure “investigatory materials necessarily compiled out of the public view by law enforcement or other investigatory officials the disclosure of which materials would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest.” The investigative exemption serves, in part, to encourage individuals to assist police investigations and provide information. It is also intended to allow investigative officials to provide an assurance of confidentiality to witnesses so that they will speak openly about matters under investigation. Bougas v. Chief of Police, 371 Mass. 59, 62 (1976). The disclosure of witness statements and transcripts by the Department in this instance may only serve to discourage witnesses in future investigations from assisting and disclosing information to this Department.

For these reasons, the Department will not disseminate any additional information.

Respectfully,

Sean W. Farrell, Esq.
Deputy Chief Legal Counsel
Massachusetts State Police
General Headquarters
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2153
Fax: (508) 820-2649

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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,

Daralyn Heywood

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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,

Daralyn Heywood

From: Daralyn Heywood

Dear Appeals supervisor,
Per usual the state police Attorney Dan Brunelli refuses to acknowledge my request. I appeal to his nonresponse and lack of acknowledgment for years.

Sincerely,
Daralyn Heywood

From: Massachusetts State Police

Good Morning,

This e-mail is being sent to provide you updates as it relates to your two public records requests. As an initial matter, please be advised that I cannot manually search the Department's email accounts to find relevant e-mails. I must file a request with the Executive Office of Technology Service and Securities (EOTSS) to run a search with the parameters that were provided in the records request.

SPR220891- As it relates to your request for e-mails to and from an Andrea Lomas related to a workorder for a sign at the Dartmouth Barracks. EOTSS ran an e-mail search for all Department of State Police e-mails that were sent to or received from Andrea Lomas of MassDOT during the time period that you requested. Those e-mails were sent to you on March 3, 2022. EOTSS has been unable to locate any other additional records.

SPR220893 - You filed a public records request for all e-mails containing your name during a set time period from 8 State Police e-mail accounts. I have filed that e-mail search request with EOTSS and I am waiting on the responsive records.

If you have any questions, please feel free to contact me.

Dan Brunelli
Staff Counsel
Massachusetts State Police
470 Worcester Rd
Framingham, MA 01702
508-820-2341

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.

From: Daralyn Heywood

This records request was for the SOUTH YARMOUTH barracks. I respectfully request the Secretary of State send this records request to the Attorney Genrals Office. This request has been made for years. How is the state police or EEOPS cant locate a work order for a sig that was hung in the SOUTH Yarmouth barracks which surprisingly all the other emails were located except this one?

From: Muckrock Staff

Hi Dan,

Please see the following request for records. These records, SPR220891 and SPR220893, were initially requested on March 28, 2022. The last response promising responsive records was on April 26, 2022. Please provide any update you have. Thank you for your help with this request.

Sincerely,
MuckRock

From: Massachusetts State Police

Good Morning,

I am resending this response as I am not sure if you are not receiving the response or whether these responses are autogenerated.

As it relates to your request for any work orders related to a sign created at the Yarmouth barracks, the Department has been unable to locate any additional records beyond the e-mails that were already provided to you. It is possible that MassDOT may have documentation of any work orders.

As it relates to your request for any and all e-mails related to you and the investigation, EOTSS conducted an e-mail search with the search terms and e-mails accounts that you requested. The only relevant e-mails that were discovered were e-mails between the assistant attorney general assigned to the on-going civil litigation and conversations with parties to the ongoing litigation. Because these e-mails are messages between attorneys and clients and contain the attorney’s thoughts and impressions, they are not public records and are exempt under the attorney work-product doctrine and attorney-client confidentiality.

If you have any questions, please feel free to contact me.

Dan Brunelli
Staff Counsel
Massachusetts State Police
470 Worcester Rd
Framingham, MA 01702
508-820-2341

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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