Word: tates
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...Architectural Comm'n, 421 Mass. 570, 583 (1996), and cases cited ("An administrative agency has jurisdiction to establish regulations that bear a rational relation to the statutory purpose"). Such regulations are to "be construed to ensure the public prompt access to all public records in the custody of [S]tate governmental entities and in the custody of governmental entities of political subdivisions of the Commonwealth." 950 Code Mass. Regs. § 32.02. The regulations define "[p]ublic records" in the same manner as G.L. c. 4, § 7, Twenty-sixth. See 950 Code Mass. Regs. § 32.03. Further, a "[g]overnmental...
...Harvard University is a private institution, a fact not challenged by the Crimson. See, e.g., Rice v. President & Fellows of Harvard College, 663 F.2d 336, 337-338 (1st Cir.1981), cert. denied, 456 U.S. 928 (1982) (Harvard not a public institution and not sufficiently intertwined with Commonwealth to meet "[S]tate action" requirement for 42 U.S.C. § 1983 claim); Krohn v. Harvard Law Sch., 552 F.2d 21, 23 (1st Cir.1977) (same). It follows, therefore, that records in the custody of the HUPD, a department within Harvard University, are not "public records" that fall within the ambit...
...powers conferred on employees who are so appointed are, by statute, far less extensive than the powers of regular police officers, see G.L. c. 41, § 98, and they are vested in individual officers, not on the security department of the educational institution as a whole. "Such special [S]tate police officers shall serve for three years, subject to removal by the colonel, and they shall have the same power to make arrests as regular police officers for any criminal offense committed in or upon lands or structures owned, used or occupied" by such institution...
...agency described in [G.L. c. 22C, §§ 56- 68]." 515 Code Mass. Regs. § 5.04(1) (1996). The regulations define "[a]gency" to include any college or university authorized by those statutory sections to request the appointment of "certain employees of such agency as special [S]tate police officers." 515 Code Mass. Regs. § 5.03. When a special State police officer's employment with the educational institution ends, the officer's appointment under G.L. c. 22C, § 63, also terminates. See 515 Code Mass. Regs. § 5.04(9). All police powers of that special State police officer are rescinded...
...Crimson's efforts to establish a correlation between a "special [S]tate employee" or "special county employee" for purposes of the Massachusetts conflict of interest statute, G.L. c. 268A, § 1, and an HUPD officer who has been appointed as a "special State police officer" or a deputy sheriff, is unpersuasive. "General Laws c. 268A regulates the conduct of State, county, and municipal employees relating to the performance of their official duties." Edgartown v. State Ethics Comm'n, 391 Mass. 83, 84 (1984). It was "enacted as part of 'comprehensive legislation ... [to] strike at corruption in public office, inequality...