Dear
Records Access Officer:
Under the Massachusetts Public Records Law, I am requesting the following full
police reports pertaining to Wayside Youth & Family Support Network’s
Framingham facilities:
1. All reports pertaining to
an alleged felony or misdemeanor sex crime, from Jan. 2018 through
the date upon which this request is filled.
2. All reports pertaining to an incident involving the use of physical force,
from Jan. 2018 through the date upon which this request is filled.
This
should include an injury of a Wayside employee named Hannah Appiah Poku,
which I believe happened in the summer of 2019.
3. All reports pertaining to runaway or missing people in March 2020.
4. All reports pertaining to overdoses and/or seizures in December 2019.
This
should include Event #P193550125 dated 12/21/19.
I understand that some of these reports
contain exempt information. Please still send the reports, and redact just
the exempt information, citing the reason for exemption. Please do not
redact the non-exempt information and the section headers in the report.
I would like to receive this information
in machine-readable digital file format whenever possible, which I am
entitled to under 950 CMR 32.07(d). (“The records access officer must provide
electronic records in native form when possible.”)
As a member of the media reporting on
matters in the public interest, I am requesting a fee waiver and
an expediting of my request. Since I am requesting records in their
original digital format whenever possible, I expect the costs, if any, to
be limited.
G. L. c. 66, § 10(a) requires that you
fulfill my request within 10 business days. If you are unable to
furnish my records within 10 business days, you are required to send a
written response within that timeframe that includes the information
outlined in G. L. c. 66, § 10(b)(i-ix).
If you deny my request in part or in
full, G. L. c. 66, § 10(a-b) requires that you send a written denial
that details the specific basis for withholding the material, cites the
statutory or common law exemptions, and advises me of the administrative
process and judicial remedies for appeal.
I ask that communication regarding this
request be conducted via email, and that the request be filled via email,
which I am entitled to under the law.
Thank you for considering my request.
Sincerely,
Sarah erRyley
Boston Globe, Report
Cell: 347-324-8697
1. You requested all reports pertaining to an alleged felony or misdemeanor sex crime, from Jan. 2018 through the date upon which this request is filled.
Exemption A
DOMESTIC ABUSE & SEXUAL ASSAULT CASES
In particular, G.L. c. 41, section 97D requires law enforcement agencies to keep the following information confidential. Section 97D provides that "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; provided, however, that all such reports shall be accessible at all reasonable times, upon written request, to: (i) the victim, the victim's attorney, others specifically authorized by the victim to obtain such information, prosecutors and (ii) victim-witness advocates as defined in section 1 of chapter 258B, domestic violence victims' counselors as defined in section 20K of chapter 233, sexual assault counselors as defined in section 20J of chapter 233, if such access is necessary in the performance of their duties; and provided further, that all such reports shall be accessible at all reasonable times, upon written, telephonic, facsimile or electronic mail request to law enforcement officers, district attorneys or assistant district attorneys and all persons authorized to admit persons to bail pursuant to section 57 of chapter 276. Communications between police officers and victims of said offenses and abuse may also be shared with the forgoing named persons if such access is necessary in the performance of their duties. A violation of this section shall be punished by imprisonment for not more than 1 year or by a fine of not more than $1,000, or both such fine and imprisonment.”
2. You requested All reports pertaining to an incident involving the use of physical force, from Jan. 2018 through the date upon which this request is filled.
This should include an injury of a Wayside employee named Hannah Appiah Poku, which I believe happened in the summer of 2019.
There were 2 records found that were responsive to this request.
Incident 1904859
Exemption (a): This exemption applies to records that are "specifically or by necessary implication exempt from disclosure by statute."
The records requested contain juvenile information. As a result, such information must be withheld/redacted under the law.
CRIMINAL OFFENDER RECORD INFORMATION
In particular, G.L. c. 6, sections 167-178B, and related regulations, requires that criminal justice agencies withhold any records and data in any communicable form compiled by a Massachusetts criminal justice agency which concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, other judicial proceedings, previous hearings conducted pursuant to section 58A of chapter 276 where the defendant was detained prior to trial or released with conditions under subsection (2) of section 58A of chapter 276, sentencing, incarceration, rehabilitation, or release. Such information shall be restricted to that recorded in criminal proceedings that are not dismissed before arraignment. Criminal offender record information shall not include evaluative information, statistical and analytical reports and files in which individuals are not directly or indirectly identifiable, or intelligence information. Criminal offender record information shall be limited to information concerning persons who have attained the age of 18 and shall not include any information concerning criminal offenses or acts of delinquency committed by any person before he attained the age of 18; provided, however, that if a person under the age of 18 is adjudicated as an adult, information relating to such criminal offense shall be criminal offender record information. Criminal offender record information shall not include information concerning any offenses which are not punishable by incarceration.
Juvenile Delinquency Case Records: G. L. c. 119, § 60A.
Incident 2100472
Exemption C, This exemption applies to "personnel and medical files or information and any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy; provided, however, that this subclause shall not apply to records related to a law enforcement misconduct investigation."
The records requested contain medical files or information which must be withheld/redacted from the records pursuant to this exemption.
The records requested contain information which, if disclosed, would constitute an unwarranted invasion of personal privacy. Such information contains intimate details and the privacy interests involved outweigh the public interests in the disclosure of that information. In making that determination, the department has considered the following factors: (1) whether disclosure would result in personal embarrassment to an individual of normal sensibilities; (2) whether the materials sought contain intimate details of a highly personal nature; and (3) whether the same information is available from other sources. See People for the Ethical Treatment of Animals (PETA) v. Department of Agricultural Resources, 477 Mass. 280, 292 (2017).
The incident involved is medical in nature. As a result, such information must be withheld/redacted under the law.
3. You requested all reports pertaining to runaway or missing people in March 2020.
The records requested contain juvenile information. As a result, such information must be withheld/redacted under the law.
Exemption (a): This exemption applies to records that are "specifically or by necessary implication exempt from disclosure by statute."
CRIMINAL OFFENDER RECORD INFORMATION
In particular, G.L. c. 6, sections 167-178B, and related regulations, requires that criminal justice agencies withhold any records and data in any communicable form compiled by a Massachusetts criminal justice agency which concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, other judicial proceedings, previous hearings conducted pursuant to section 58A of chapter 276 where the defendant was detained prior to trial or released with conditions under subsection (2) of section 58A of chapter 276, sentencing, incarceration, rehabilitation, or release. Such information shall be restricted to that recorded in criminal proceedings that are not dismissed before arraignment. Criminal offender record information shall not include evaluative information, statistical and analytical reports and files in which individuals are not directly or indirectly identifiable, or intelligence information. Criminal offender record information shall be limited to information concerning persons who have attained the age of 18 and shall not include any information concerning criminal offenses or acts of delinquency committed by any person before he attained the age of 18; provided, however, that if a person under the age of 18 is adjudicated as an adult, information relating to such criminal offense shall be criminal offender record information. Criminal offender record information shall not include information concerning any offenses which are not punishable by incarceration.
Juvenile Delinquency Case Records: G. L. c. 119, § 60A.
4. You requested all reports pertaining to overdoses and/or seizures in December 2019.
This should include Event #P193550125 dated 12/21/19.
Exemption C, This exemption applies to "personnel and medical files or information and any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy; provided, however, that this subclause shall not apply to records related to a law enforcement misconduct investigation."
The records requested contain medical files or information which must be withheld/redacted from the records pursuant to this exemption.
The records requested contain information which, if disclosed, would constitute an unwarranted invasion of personal privacy. Such information contains intimate details and the privacy interests involved outweigh the public interests in the disclosure of that information. In making that determination, the department has considered the following factors: (1) whether disclosure would result in personal embarrassment to an individual of normal sensibilities; (2) whether the materials sought contain intimate details of a highly personal nature; and (3) whether the same information is available from other sources. See People for the Ethical Treatment of Animals (PETA) v. Department of Agricultural Resources, 477 Mass. 280, 292 (2017).
The incident involved is medical in nature. As a result, such information must be withheld/redacted under the law.
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.
71 G.L. c. 4, § 7(26)(c).
Request Date
2022-02-15
Agency Tracking
2022-0265
Acquisition Notes
This record was automatically imported from https://www.townforms.com/FOIADirect-FraminghamMACitizens/