Manny Maciel / Sandra Bowles emails

Good Afternoon

Please see the attached concerning the request you submitted
Best Regards

Captain Ricard Rezendes
Division of Professional Standards
New Bedford Police Department
1204 Purchase st.
New Bedford, Ma 02740
Tel: (508) 991-6300 EXT 79561
Fax: (508) 961-3056
Email: ricard.rezendes@newbedfordpd.com

Dear Evan,

I write in response to your January 29, 2019 email requesting records pursuant to M.G.L. c. 66, section 10 (the "Public Records Law"). You requested, "all documents related to the recently closed internal affairs case involving Emanuel Maciel."
The Division of Professional Standards has identified (1) report that is responsive to your request, which was finalized on February 8, 2019.

Before providing you with the responsive document, we will need to review it and make any redactions that are required by law, including the following information:

· Victim and victim family information pursuant to M.G.L. Chapter 66, § 10B.

· Sex victim and rape report information pursuant to M.G.L. Chapter 265, § 24C and M.G.L. Chapter 41, § 97D,

· Domestic violence reports pursuant to M.G.L. Chapter 41, § 97D1.

· Juvenile Delinquency case information pursuant to Chapter 119, § 60A.

· Registry of Motor Vehicle information pursuant to the Driver's Privacy Protection Act, 18 U.S.C. § 2721.

· Criminal Offender Record Information pursuant to M.G.L. Chapter 6, § 167.

· Medical records pursuant to the HIPPA Privacy Rule, 45 C.F.R. § 164.502(a)(1).

The City will provide the document to you within twenty-five business days of your request.

You have the right to appeal this determination to the Supervisor of Records under 950 CMR 32.081(1) within 90 calendar days of this response. Any appeal shall be in writing and include a copy of your original request and this letter. By law, the Supervisor is required to respond within 10 business days of receipt of your appeal. You may also seek judicial review of an unfavorable response by commencing a civil action in the superior court under G.L. c. 66, section 10A(c).

Sincerely,
Lisa

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Lisa Presby
Legal Services Coordinator
City of New Bedford | Office of the City Solicitor
133 William Street, Room 203, New Bedford, MA 02740

Evan,

We are in the process of working on your request and will have it to you no later than twenty-five business days (March 6, 2019) from the date of your request (January 29, 2019).

Lisa

Evan,

I am writing on behalf of the New Bedford Police Department in response to your January 29, 2019 public records request. Attached please find a copy of internal affairs report on Case #1941.

The Department has redacted from this record the names and identifying information of voluntary witnesses, informants or complainants as well as witness statements, and confidential investigative techniques pursuant to G.L. c. 4, § 7 (26)(f), which permits records custodians to withhold “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 Department has redacted from this record witness names, statements and details that if released would create a grave risk of directly or indirectly identifying the witness. The redaction of this information is designed to allow the Department's investigators to continue to provide assurance of confidentiality to private citizens so that they will speak openly about matters under investigation. (Bougas v. Chief of Police of Lexington, 371 Mass 59, 62 (1976); Globe Newspaper Company v. Boston Retirement Board, 388 Mass 427 (1983).

Since the report is too large to email, please visit the City of New Bedford’s ftp site to retrieve the document. Use the link to the site provided below and enter the username and password.

City of New Bedford ftp address: ftp://ftp.newbedford-ma.gov

Enter the following username and password when prompted:

User name: ftpPubRec Password: solicitors2019

Please notify me when you have retrieved the document and saved them to your files so that we may remove them from the server.
Best,
Lisa

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Lisa Presby
Legal Services Coordinator
City of New Bedford | Office of the City Solicitor
133 William Street, Room 203, New Bedford, MA 02740