Walsh IA Records

Caitlin Russell filed this request with the Wareham Police Department of Wareham, MA.
Due May 30, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Caitlin Russell


To Whom It May Concern:

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

-All internal affairs reports regarding former Wareham Police employee Kevin Walsh from the time he was hired by the department to the date this request is processed.
-All civilian complaints involving Kevin Walsh from the time he was hired by the department to the date this request is processed.

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,

Caitlin Russell

From: Wareham Police Department

To: Caitlin Russell

As required by Massachusetts Public Records Law, Chapter 66, § 10 of the Massachusetts General Law, please accept this email as response to your request for access to public records which was received by this office on Monday, May 21, 2018 requesting the following:

* ?All internal affairs reports regarding former Wareham Police employee Kevin Walsh from the time he was hired by the department to the date this request is processed.
* All civilian complaints involving Kevin Walsh from the time he was hired by the department to the date this request is processed.

I have forwarded this information to the appropriate departments. Once I have more information, I will respond again.

In addition, the Records Access Officer ("RAO") for the Town of Wareham is Mary Ann Silva. In an email to you from her dated 7/12/17, she advised that requests should be emailed to our office, the office of the Town Clerk, to assure that they are answered in a timely fashion according to the public records request law.

In the future, please be sure that public record requests are sent directly to this office.

Thank you.

Jenna L. Correia
Department Assistant III
Town of Wareham Clerk's Office
508-291-3100 x 3142

From: Wareham Police Department

​To: Caitlin Russell

Per Town Counsel, we are gathering and processing information regarding your request. The Massachusetts Public Records Law allows municipalities 10 business days to provide records, provide a fee estimate, where applicable; or deny access to records in a manner consistent with G.L. c 66 S. 10 (a-b).

The 10th business day would be June 6, 2018. On or before June 6th, we will respond again with more information.

Thank you.

Jenna L. Correia
Department Assistant III
Town of Wareham Clerk's Office
508-291-3100 x 3142

From: Wareham Police Department

To: Caitlin Russell

Per Town Counsel, he is still in the process of reviewing the information. Would you be willing to give us an extension to 25 days?

Please let me know.

Thank you.​

Jenna L. Deane
Department Assistant III
Town of Wareham Clerk's Office
508-291-3100 x 3142

From: Caitlin Russell

Can you tell me why exactly this "review"is needed, and why it'll take 25 days? I can't think of a valid reason why it would take that long to process and release those documents. Thank you.

Caitlin

From: Wareham Police Department

Hi Caitlin

The review is necessary because you have asked for all internal affairs reports regarding former Wareham Police employee Kevin Walsh from the time he was hired by the department to the date this request is processed. As well as all civilian complaints involving Kevin Walsh from the time he was hired by the department to the date this request is processed.

As you know from submitting previous requests regarding civilian complaints, information will need to be redacted. For an example of what and why certain information may be redacted would be, Exemption C the "Privacy Exception"; which allows withholding of "personnel and medical files or information; also any other data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy." There may be additional redactions performed by Town Council with the exceptions cited, which is why the review is necessary.

We are asking for an extension due to the nature of your request, our limited staffing and our responsibility to adhere to the Massachusetts Public Records Law.

If you do not agree to the extension, we will petition the Supervisor of Records for an extension of time. ​

Please let me know how you wish to proceed.

Jenna L. Deane
Department Assistant III
Town of Wareham Clerk's Office
508-291-3100 x 3142

From: Caitlin Russell

Hello,
I'm willing to grant this extension, but I expect that if redactions are necessary they will be appropriately done, and fully explained.
The last time the Town released docs to me that were redacted, they failed to adequately explain the redactions made to the documents. It's not enough to simply say that, for example, the privacy exemption is being invoked. Each redaction must be accompanied by the specific exemption that applies to that specific redaction, and it must also include an explanation as to why it applies.
Assuming Town Counsel is asking for an extension so that he may perform the redactions properly, (assuming any redactions are needed) I'm more than happy to wait an additional 25 days. Thank you for your assistance.

Best,
Caitlin

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