The federal law, the Freedom of Information Act stipulates that public offices should make records available once a formal request is received. Anyone can request public records by simply asking for them. Usually, the request can be made in any manner the requester chooses: by phone, in person, or an email or letter. Although public records are meant to be freely accessible, fees may apply to access them, particularly for hard copies. In Massachusetts we are guided by “Public Records Law.” See Massachusetts Public Records Webpage here and theGuide to Massachusetts Public Records Law can be found here
Are Police Reports Public Records?
Public Records in Massachusetts are guided by MassachusettsG. L. c. 66, § 6A. Many types of police records are exempt from public disclosure and arenotpublic records. There are two main reasons why they aren’t publicly available. First, disclosing the information could undermine an ongoing investigation. Second, it could jeopardize someone’s privacy and safety. In some cases, departments will release specific information related to the report.
Exemptions to the Public Records Law
Exemption (a) – The Statutory Exemption
(Exemption a) applies to records that are: specifically, or by necessary implication exempted from disclosure by statute. A government entity may use the statutory exemption as a basis for withholding requested materials where the exempting statute expressly states or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. This exemption creates two categories of exempt records.
The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” or “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.”
The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of records to a defined group of individuals or entities. For example: I seek a copy of an arrest report. May this report be withheld by the records custodian pursuant to Exemption (a) as Criminal Offender Record Information? Yes, as it contains C.O.R.I. Criminal Offender Record Information.
Domestic Violence Reports (exemption a) Statute:Domestic Violence reports are PROHIBITED from being released. All domestic violence reports and associated documents can only be releases to the victim.
Juvenile Reports: Juvenile Delinquency Case records PROHIBITED: Chapter 119 &60A indicated that juvenile delinquency records shall not be open to the public (under age 18). The statute states in relevant part “delinquency …shall be withheld from the public inspection except with the consent of justice of such court; provided , however, that such records shall be open, at all reasonable times, to inspection by the child proceeded against, his parents, guardian or attorney.”
Arrest Reports: Reports that contain criminal offender record information (C.O.R.I).A record that is recorded as a result of the initiation of criminal proceedings or other consequent proceeding may be withheld under the C.O.R.I. statute. The Department of Criminal Justice Information Services, conferred with the authority to promulgate and interpret statutes and regulations regarding C.O.R.I., interprets the “initiation of criminal proceedings” to be “the point when a criminal investigation is sufficiently complete that the investigating officers take actions toward bringing a specific suspect to court
Exemption (c) – The Privacy Exemption (c)
The privacy exemption is the most frequently invoked exemption. The language of the exemption limits its application to: personnel and medical files or information; also, any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy.
An example of public record that may be denied per Massachusetts Public records include:
Medical or Ambulance Reports (Privacy exemption c) Pursuant to the second clause of G.L. c. 4, § 7(26)(c), the “Privacy Exemption,” certain documents relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy are exempt from disclosure. The application of this exemption is limited to “intimate details of a highly personal nature.” Examples of “intimate details of a highly personal nature” include marital status, paternity, substance abuse, government assistance, family disputes and reputation. The exemption is applied on an ad hoc basis, where one must: first, determine whether the information constitutes an “intimate detail of a highly personal nature”; and second, determine whether the public interest in disclosure outweighs the privacy interest associated with disclosure of the highly personal information.
Investigative reports:Investigatory Exemption: (f)
Pursuant to G.L. c. 4, § 7(26)(f), the “Investigatory Exemption,” protects from disclosure certain documents, which if released create a grave risk of directly or indirectly identifying a private citizen who volunteers as a witness. Said records are indefinitely exempt from disclosure under the Massachusetts Public Records Law. This exemption recognizes the principle that “disclosure of certain investigatory materials could detract from effective law enforcement to such a degree as to operate in derogation, and not in support, of the public interest.” The public policy concerns that support this exemption include “the encouragement of individual citizens to come forward and speak freely with police concerning matters under investigation.” Bougas v. Chief of Police of Lexington, 371 Mass. at 62.
How to request a record from the South Hadley Police Department
Records request can be made via email at to the South Hadley Police Records Office at records@southhadleypolice.org,or by telephone at 413-538-5050 ext. 6307, by mail or in person at the South Hadley Police Department, 41 Bridge Street, South Hadley, MA 01075
Massachusetts records retention schedules Mass. Secretary of the Commonwealth.
Searchable database of records retention schedules. Provides detailed guidance on the storage and disposal of records. At the South Hadley Police Department, we destroy records in accordance to this schedule.
