Seeking any email correspondence sent or received by any of the board of license commissioners, or an administrator working on their behalf, on their official or personal email accounts used to conduct city business, which mention any of the following words or phrases - "Braza", "135 grill", or "672 Waverley". Date range to search 5/1/2021-8/12/2021. Please include all attachments.
Seeking any text messages sent or received by any of the board of license commissioners, or an administrator working on their behalf, on their cell phones used to conduct city business, which mention any of the following words or phrases - "Braza", "135 grill", or "672 Waverley". Date range to search 5/1/2021-8/12/2021.
Personal email addresses and personal phones used to conduct business are public records and should be turned over in accordance with the law.
The redactions on report 1907902 "Exibit A" was not done by Marilia Martins, there hasn’t been any additional redactions done. Based on the report attached (1907902 "Exibit A" ) the exemptions are:
The Framingham Police Department must redact your request on the grounds that the requested records would violate the Criminal Offender Record Information Act (CORI). G.L. c. 6, § 167, 172; 803 C.M.R. 2.03(3). The CORI statute imposes restrictions on the dissemination of records which were compiled by the Department concerning an identifiable individual which relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, other judicial proceedings, sentencing, incarceration, rehabilitation, or release. Therefore, these records are being withheld pursuant to Exemption (a) of the Public Records Law. This exemption allows for the withholding of records which are “specifically or by necessary implication exempted from disclosure by statute.” G.L. c. 4, § 7(26)(a).
A governmental entity may use Exemption (a) as a basis for withholding requested materials where the language of the exempting statute suggests that the public's right to inspect records under the Public Records Law is restricted. Attorney General v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). G.L. c. 6, § 167, the CORI statute, prevents the Department from disclosing the requested police arrest records and reports.
Exemption (C) G.L. c. 4, § 7(26)(c).This category applies to materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy71
The Department of Criminal Justice Information Services (DCJIS) provides public access to certain criminal records. You may be able to obtain some of what you are seeking by requesting it through the iCORI program. You can contact DCJIS on-line or via phone by calling 617-660-4640 for more information.
Exemption F -the Investigative Exemption states "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"
You have a right to appeal this decision, pursuant to 950 CMR 32.08(2), to:
Supervisor of Public Records
Office of the State Secretary,
One Ashburton Place, Room 1719
Boston, Massachusetts 02108
Any appeal must be made in writing within 90 days of this denial, and shall include a copy of your written request and a copy of this letter. The Supervisor shall accept an appeal only from a person who had made his or her public record request in writing. If you require further information regarding this matter, please do not hesitate to contact me.
2.03: CORI Inclusions and Exclusions
(1) CORI shall be limited to the information recorded as the result of the initiation of criminal
proceedings or any consequent related proceedings regarding individuals 18 years of age or older
for offenses after September 18, 2013. For offenses prior to September 18, 2013, CORI includes
offenses for individuals 17 years of age or older.
(2) If a person younger than 18 years old is adjudicated as an adult, CORI shall include
information relating to that adjudication.
(3) CORI shall include fingerprints, photographs, and other identifying data that is recorded as
the result of the initiation of a criminal proceeding.
103 Globe Newspaper Company v. Boston Retirement Board, 388 Mass. 427, 438 (1983) (explanation of “identifying
details” and “grave risk of indirect identification”).
1. Ongoing investigations: Information that may alert suspects, or otherwise jeopardize an
ongoing investigation, may be withheld.
2. Future Investigations: Confidential investigative techniques may be withheld that
would jeopardize future investigative efforts.
3. Confidentiality: information may be withheld to provide an assurance of confidentiality
to private citizens so that they will speak openly about matters under investigation.
Accordingly, any details in witness statements, which if released create a grave risk of
directly or indirectly identifying a private citizen who volunteers as a witness are
indefinitely exempt.
The email dated 6/22/2021 12:22 p.m. from Stuart Pologe (FW: Braza Bar & Grill's Handouts Updated in Dropbox) references deleted Dropbox folder: https://www.dropbox.com/sh/gib1tus90x79v5n/AADTeJnshoTlCAIqL77L-TXla?dl=0. The document that was contained within is Braza Update Cover.pdf
Date
Author
Recipient
Substance
Redacted/Withheld
Statutory Authority/Reason Applies
Email--1/16/2020-06/22/2021
-FW: No Meeting Next Week & Braza PD Reports(3 emails)
Diane Willoughby (DW) Stuart
Pologe (SP), Cesar Monson (CM)
SP, DW, CM
Dropbox link to document
containing Police Incident Report
Redacted
The responsive email includes a
Dropbox link to a redacted Police Incident Report referenced by Marilia
Martins.
You have a right to appeal this response to the Supervisor
of Public Records pursuant to G.L. c. 66, §10A(a) or to file an action in
Superior Court pursuant to G.L. c. 66, §10A(c).
Request Date
2021-08-12
Agency Tracking
2021-1433
Acquisition Notes
This record was automatically imported from https://www.townforms.com/FOIADirect-FraminghamMACitizens/