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...them the status of public employees, is equally unavailing. Pursuant to G.L. c. 37, § 3, a sheriff is vested with the discretion to appoint deputies who have general law enforcement powers and the right to serve process. See G.L. c. 37, §§ 11, 12. See also Tedeschi v. Reardon, 5 F.Supp.2d 40, 42 n. 3 (D.Mass.1998); Sheriff of Middlesex County v. International Bhd. of Correctional Officers, Local R1-193, 62 Mass.App.Ct. 830, 831-832 (2005). A deputy sheriff has authority to take actions that a private person would not have in similar circumstances. A deputy sheriff...
...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 of treatment of citizens and the use of public office for private gain.' Report of the Special Commission on Code of Ethics, 1962 House...
...brief, the Crimson has noted that potential constitutional questions may arise if HUPD records are exempted from public disclosure. Because the Crimson did not raise this issue in its complaint or before the Superior Court, it has been waived. See Salem v. Bureau of Special Educ. Appeals of the Dep't of Educ., 444 Mass. 476, 485-486 (2005); Albert v. Municipal Court of the City of Boston, 388 Mass...
...Harvard asserts that this case should be remanded to the Superior Court for entry of a binding declaration that documents in the custody of the HUPD are not subject to the public records law. See Attorney Gen. v. Kenco Optics, Inc., 369 Mass. 412, 418 (1976) ("When an action for declaratory relief is properly brought and relief is denied on the merits, the action should not be dismissed," and the rights of the parties should be declared). However, dismissal of a complaint pursuant to Mass. R. Civ. P. 12(b)(6), 365 Mass. 754 (1974), does not constitute a decision...
...such disclosure would not be in the public interest." These materials include "accounts of police investigatory efforts including the police officer's own observations of the incident in question, statements taken from witnesses, additional information obtained from other sources, some confidential, and leads and tips to be pursued." Bougas v. Chief of Police of Lexington, 371 Mass. 59, 62 (1976). The exemption set forth in G.L. c. 4, § 7, Twenty-sixth (f ), applies to both open and closed investigations. See id. at 63. Contrast Matter of a Subpoena Duces Tecum, ante...