![]() The burden is upon the custodian of the requested record to prove, with specificity, the applicability of the relevant exemption. Notwithstanding the presumption favoring disclosure, the statute provides a number of specific exemptions from the definition of "public records." See G. "isclosure is favored by the 'presumption that the record sought is public.' G. 66, § 10, is to give the public broad access to governmental records. 930 (1979) Rule 2:01 of the Rules of the Appeals Court, as amended, 3 Mass. On appeal by the city, a single justice of this court stayed the judgment and reported the case for decision by a panel. A judge of the Superior Court reviewed the contested documents, heard arguments, and entered the challenged judgment. 852, 868-869 (1995).Īfter review of the disputed "public records" pursuant to the protective order, the parties filed cross motions for summary judgment. The court upheld an order permitting access to the disputed "public records" under a protective order so that counsel might "particularize their arguments to the judge, citing specific materials, or portions of materials, that are exempt or subject to disclosure." Ibid., quoting from Globe Newspaper Co. In Worcester I, supra, the Supreme Judicial Court observed that "allowing the to decide unilaterally, without any oversight, what documents are subject to disclosure and what documents are exempt is wholly inconsistent with the purpose of G. Earlier skirmishes in the newspaper's attempt to obtain the Wilder file focused upon the method for determining whether the materials sought were exempt from public disclosure. Tarckini notifying him of the conclusions and disciplinary determinations of the internal affairs investigation. Accordingly, we agree with the judge's decision, except as it authorizes release of a memorandum from the chief of police of Worcester (chief) to Officer For the reasons that follow, we conclude that materials in an internal affairs investigation are different in kind from the ordinary evaluations, performance assessments and disciplinary determinations encompassed in the public records exemption for "personnel or information," the sole exemption at issue. The city of Worcester appeals from a judgment requiring the release, as public records, of the entire, unredacted contents of the Wilder file, excepting only documents containing information protected as criminal offender record information (CORI) by G. Tarckini following an incident on (the Wilder file). The file contains materials compiled during an investigation of a citizen complaint filed by Shawn Wilder against Patrolman Michael A. Before us is the second phase of an ongoing endeavor by the Worcester Telegram & Gazette Corporation (the newspaper) to obtain access to a Worcester police department internal affairs file pursuant to the public records law, G. Moore, City Solicitor, for the defendants. 378 (2002), motions for summary judgment were heard by James P. Police officer against whom allegations of police misconduct had been made, notifying him of the conclusions and disciplinary determinations of the internal affairs investigation, which constituted exempt "personnel or information." ĬIVIL ACTION commenced in the Superior Court Department on May 10, 2000.įollowing review by the Supreme Judicial Court, 436 Mass. 167 et seq., this court agreed with the judge's decision, except as it authorized release of a memorandum from the city's chief of police to the 10, as public records, of the entire, unredacted contents of a police department file of an internal investigation into complaints lodged by an individual who had alleged police misconduct, excepting only documents containing information protected as criminal offender record information by G. The release to a newspaper's legal counsel, pursuant to G. On an appeal by a city from a Superior Court decision that required Police, Records.ĭiscussion of guidelines for reviewing "public records" toĭetermine whether they are, in fact, exempt from disclosure pursuant to G. Municipal Corporations, Public record, Police. 1 FebruSuffolk County Present: PERRETTA, GRASSO, & BERRY, JJ. WORCESTER TELEGRAM & GAZETTE CORPORATION vs.
0 Comments
Leave a Reply. |