Mr.

Kelly,

In regards to your public records request for CAD #15-4881, the

Amherst Police Department is denying this request. As allowable under
the Massachusetts Public Records Law, Massachusetts General Law
Chapter 66, dissemination of a public record can be denied by the keeper
of record under a number of exemptions. The Chief of Police is the
keeper of records for the Amherst Police Department. The report you
inquired about is currently an open and ongoing investigation. Further,
your request is denied under the following exemptions allowable under
Massachusetts General Law Chapter 66:

a. Statutory Exemption (a): The law prohibits the disclosure of the record. Specifically,
Chapter 41, Section 97D

f. Investigatory Exemption: Disclosure would prejudice the

possibility of effective law enforcement and
c. Privacy Exemption: Cannot disclose intimate details of a highly
personal nature

Additionally, disclosure of a record which may identify an individual

with medical information is a violation of HIPPA, as summarized below.

Health Insurance Portability and Accountability Act of

1996(Summarized) (HIPPA) The Town of Amherst is a covered entity
as defined by HIPPA, therefor the Police Department, as an agent of the
Town, is also a covered entity and is prohibited from disclosing medical
or injury information absent a signed release.

Thank you,

Captain Gundersen

Jennifer A. Gundersen
Captain/Administration
Amherst Police Department