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Tuesday, May 7, 2019 at 12:52:07 PM Eastern Daylight Time

Subject: Your Request


Date: Thursday, December 6, 2018 at 2:48:42 PM Eastern Standard Time
From: Kelly, Siobhan (POL)
To: mhanson@masslive.com
AEachments: image001.png

Ms. Hanson,

The Department of State Police, “Department”, is in receipt of your records request seeking five (5) 911
recordings. The Department considers your request a submission under M.G.L. c. 66 s. 10, The Public
Records Law. After a diligent search the Department has confirmed that it is only in possession of one
responsive call. Please be advised that all 911 calls placed North of Boston are answered by the Essex County
Regional Emergency Communications Center. Effective July 1, 2018, all 911 calls formerly answered by the
Department are now answered by the State 911 Department. Additionally, 911 calls placed within the City of
Boston are generally answered directly by the Boston Police Department, depending on the location of the
caller when the call is placed. Please see below for a breakdown of which agency would have answered each
of the calls, if they exist, listed in your request.

• Reckless operation of ATVs and motorcycles on Interstate 93 in Boston on Feb. 24: Boston 911.
• A of a woman in Interstate 93 in Methuen on March 6: Essex County Regional Emergency Communications
Center.
• Pedestrian fatally struck on Route 145 in Revere on April 9: Essex County Regional Emergency
Communications Center.
• Incident where a man jumped on the hood of a school bus on the Massachusetts Turnpike in Newton on May
1: The Department did receive this call.
• A wrong-way fatal crash on Interstate 495 in Westford on June 8: Essex County Regional Emergency
Communications Center.

You may submit a public records request to the Essex County Regional Emergency Communications Center
via email at: records@ecrecc.org. You may submit a public records request to the State 911 Department via
email at: state911.rao@state.ma.us.

Regarding your request for any 911 recordings related to an “Incident where a man jumped on the hood of a
school bus on the Massachusetts Turnpike in Newton on May 1” the Department denies your request under
M.G.L. c. 4, §7 cl. (26)(f). The 911 recording and the witness statements on such recordings are exempt from
disclosure pursuant to M.G.L. c. 4, §7 cl. (26)(f) (investigatory exemption). The investigative exemption is
intended to allow investigative officials to provide an assurance of confidentiality to private citizens so that
they will speak openly about matters under investigation. Bougas v. Chief of Police, 371 Mass. 59, 62 (1976).
There is a significant public interest in encouraging individuals to report crimes, accidents, and/or emergencies
without fear that their call will be subject to public disclosure. It is well-settled that, for the purposes on the
Massachusetts Public Records Law, the identity of witness(es), informant(s), and/or complainant(s), or
information which would lead to his or her identity, is not a matter of public record per G.L. c.4, §7, cl.26(f)
(investigatory exemption). The Department contends that the public safety reasons in non-disclosure far
outweigh the public’s right to know. See Supervisor of Public Records Opinion SPR06/230 (the names and
other identifying details of voluntary witnesses who called 9-1-1 are indefinitely exempt pursuant to
exemption (f)). In this instance you are requesting a 911 recording where an identified individual is reporting a
crime in progress Given the content of this call, it is exempt from disclosure pursuant to M.G.L. c. 4, §7 cl.
(26)(f).

If you have any questions or concern or if you wish to discuss this matter, please contact my office. If
you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records
following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at
http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action
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http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action
in accordance with M.G.L. c. 66, § 10A.

Siobhan E. Kelly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2337

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