Rather than send the Records Division information in the alotted time, in this endeavor, Brady-listed Officer Joseph Casey sends his info in AFTER I prevailed again, ignoring the Determination with a delaying tactic. That is shameful of the MPD, and he put a CC of Chief Buckley on it, probably knowing that he intentionally (allegedly) did wrong:
Dear Melissa Hayes,
as this document is itself a public record.
Exhibit 1 is from page 6 of District Attorney Marian Ryan's public notice
to law encorcement. It states:
"The recently-passed "Act Relative to Justice, Equity and Accountability in Law Enforcement in the Commonwealth," eliminates the "privacy exemption" to the Public Records Law for records relating to a "law enforcement misconduct investigation."
I seem to recall that Lt. Casey's position switch from "impeding law enforcement" to "privacy" of an elected official, a Medford city councilor.
If a privacy exemption cannot shield a police officer from a "law enforcement misconduct investigation," all the more reason an elected official has no such privacy right.
Again, Mr. Casey switched horses mid-stream where I have been consistent in merely wanting photographs of a public figure who misbehaved, and whose police report is in the public domain, thanks to this hard-working journalist.
Lt. Casey's response, I believe, is not in a manner consistent with Supervisor of Records Manza Arthur's order.
This is of GREAT public interest when my readers are issuing "tips" and when we get spikes in readership of these items
on Facebook.
The Public Records Law strongly faces disclosure by creating a presumption that all governmental records
are public records.
The city of Medford has been infected with censorship for the past twenty-years at least. From the City Council violating the oath of office - each and every member of the 7 person body - on or about 1/4/21 - taking an oath of office and, while making outreach across America for input, refusing to allow me to speak as I lived 50 yards away from the city line in Malden. You can have free speech in Medford if you are calling in from Alaska, but Richard F. Caraviello, a councilor who lied to the police (I have the evidence,) and abused taxpayer monies on a witch hunt which he lost, and his six colleagues, all engaging in censorship; Mayor Lungo-Koehn following in the ugly censorship footsteps of her predecessors Mayor Muccini-Burke and Mayor McGlynn, and a school committee that is out of control and out of its depth.
When it comes to censorship, it is a clean sweep in Medford. This is all the police department knows, and
they follow suit with relish.
The public has a right to know.
I request that Lt. Casey respond properly to the Determination and not attempt to circumvent it
with a paper that is tardy
Please send responses via e mail
Respectfully,
Joe Viglione
P.O. Box 2392
Woburn MA 01888
tel 617 899 5926
----- Forwarded Message -----
From: Joseph W. Casey <jcasey@medfordpolice.com>
To:
Melissa.Hayes@sec.state.ma.us <melissa.hayes@sec.state.ma.us>;
Joe Viglione <joeviglione@yahoo.com>; pre@sec.state.ma.us
<pre@sec.state.ma.us>
Cc: John D. Buckley <jbuckley@medfordpolice.com>
Sent: Thursday, December 15, 2022 at 03:04:14 PM EST
Subject: SPR22-2772
HI; Thank you for your response to Mr. Vigliones appeal. Please
accept my comments for clarification as to the Departments position:
Below is Mr. Vigliones records request on November 29, 2022
"Re: Massachusetts Public Records Request
Alleged Assault by Police Officer or FirefighterHello Lt. Casey and Medford City Hall:
This is a request under the Massachusetts Public Records Law (M. G. L.
Chapter 66, Section 10). I am requesting that I be provided a copy of
the following records -
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.)"
In regards to #1 and #2 Mr. Viglione is requesting records pertaining
to an alleged assault by a Medford Police Officer or a Firefighter upon
the individuals wife. Mr. Viglione attributes this information to a
letter he received on or about 11/28/22. I am unable to confirm or deny
the existence of the record as Mr. Viglione has not identified specific
information such as the time and date of the alleged assault, or the
names of the individuals involved in the alleged assault. Furthermore
if Mr. Viglione has such information the record would be exempt per
Exemption A, in that the record is exempted form disclosure by statute.
The nature of the record (if it does exist) is of an individual (police
officer or firefighter) who had allegedly assaulted his wife, as such
it is an incident in relation to domestic violence which is exempted as a
public record.
MGL chapter 41 section 97 D provides the following:
"Section 97D: Confidentiality of reports of rape, sexual assault and
domestic violence; access by victim and certain individuals in
performance of their duties; violations; penalties
Section 97D.
All reports of rape and sexual assault or attempts to commit such
offenses, 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 and shall be maintained by the police departments in a
manner that shall assure their confidentiality;"
Thus
any police report or communication between City Hall and the Police
Department (if it does exist) would be exempt per statute.
Mr. Viglione correctly asserts that Internal Affairs reports of the
Police Department are not exempted as public records. However with out
further information to identify which Police Officer Mr. Viglione is
referring to, I am unable to identify the specific record that he is
requesting.
Thank you for your attention to this matter.
Lt. Joseph Casey
Medford Police
________________________________
From: MPD Records <mpdrecords@medfordpolice.com>
Sent: Thursday, December 15, 2022 2:03 PM
To: Joseph W. Casey <jcasey@medfordpolice.com>
Subject: FW: [EXTERNAL]Determination SPR22-2772
Regarding Mr. Viglione’s appeal.
Sincerely,
Diane Riley
Records Department
Medford Police
100 Main St
Medford, MA 02155
P 781-391-6760
F 781-219-3695
Hello,
Please
be aware, the Supervisor of Records has issued a determination relating
to appeals 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.
Thank you,
Melissa Hayes (She, Her, Hers)
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
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