Public Record's Response: Request #1 is exempt from disclosure per Exemption (a), as a police report in regards to domestic violence.

 What we didn't get was a "no records exist." It seems something does exist in regards to alleged domestic violence with an officer or a firefighter and his wife. Allegedly. Have to do deeper research and investigation on this one

 

                                                                                                December 1, 2022

 

Joe Viglione

 

Mr. Viglione in response to you records request of November 29, 2022 in which you have requested the following:

 

1)Any police report regarding a firefighter or police officer in Medford who may have assaulted his wife

I received a letter in the U.S. Mail on or about 11/28/22 informing me of an alleged assault.

 

2)Any correspondence between Medford City Hall and any entity regarding this alleged assault

 

3)Any police report(s) from Jan 1, 2022 regarding members of the city council, school committee or employee of Medford city government (DPW, etc.)

 

The Departments response is as follows:

 

Request #1 is exempt from disclosure per Exemption (a), as a police report in regards to

domestic violence.

Exemption (a) applies to records that are specifically or by necessary implication exempted from disclosure by statute. MGL c.4, § 7(26)(a)

MGL c. 41, § 97D states in part “all reports of abuse perpetrated by family or household members, as defined in section 1 of chapter 209A, and all communications between police officers and victims of such offenses or abuse shall not be public reports”

 

Request #2 any records if they do exist are exempt from disclosure for the same reasons cited above per Exemption (a).

           

Request #3 is unable to be processed due to vagueness.

Per Code of Massachusetts Regulations, 950 C.M.R. 32.06(1)(b). 32.06, Rights of Access, requests for public records requires the following:

“requests for public records shall include a reasonable description of the requested record to the records access officer so that the records can be identified and located promptly. 950 C.M.R. 32.06(1)(b).

The present request does not specifically identify the individuals of whom the requested information (police reports) pertains to.  The request states “members of the city council, school committee or employee of Medford city government (DPW, etc.)”. The Department does not maintain lists of the names of the individuals who are employed or elected within the Medford city government, as such the requested records can not be identified.

 

If you feel this is in error or wish to appeal my decision, you have the right of appeal to the Supervisor of Records so long as the appeal is filed within ninety (90) calendar days of my response.

 

You may also commence a civil action in superior court to enforce the requirements of the Public Records Law. 

 

To petition an appeal, you must send the Supervisor of Records (by fax: (617) 727-5914); Mail: Secretary of the Commonwealth, Public Records Division, McCormack Building, One Ashburton Place, Room 1719 Boston, MA 02108; or email: pre@sec.state.ma.us) copies of the following:

 

1.         The written request;

2.         The written response, if any; and

3.         A brief letter detailing the reason for the appeal.

 

Please so not hesitate to contact me if you have any additional records request.  I can be reached at (781) 393-4799 or at jcasey@medfordpolice.com

 

                        Sincerely,

 

 

                                                                        Lieutenant Joseph Casey 

                                                                        Medford Police Department