NEWBURYPORT - Police Sgt. Thomas Cappelluzzo was suspended for three days in late December for an action unbecoming of an officer, according to city officials.

Mayor John Moak said he could not discuss the details of why Cappelluzzo was suspended other than to say there was "personal business being done on city time."

"We think we've come to an agreement on this with a three-day suspension," Moak said. "We feel it is behind us."

Cappelluzzo is one of the highest ranking members of the department and was once acting marshal. He is also the evening shift supervisor and in charge of firearm licensing, according to the Police Department's Web site.

There was no response to messages left for Marshal Thomas Howard and Cappelluzzo seeking comment.

Moak said Cappelluzzo was suspended on Dec. 24, 27 and 28 after a hearing on Dec. 17. The suspension can be appealed, Moak said.

The Daily News initially verbally requested documents regarding the investigation into Cappelluzzo's suspension, but Moak said he would not release the information, citing personnel issues and advice from the city's attorney at Kopelman and Paige, a Boston law firm the city retains for legal services.

Yesterday, The Daily News again asked for the documents in a formal written document, citing a court ruling that requires public officials to release police internal affairs records. Moak could not be reached after receiving the request, so it remains unclear if the city will honor it.

If the city rejects the request, The Daily News will appeal the decision.

The government can reject a public records request based on several exemptions, such as personnel matters. But a 2004 court ruling established a distinction between personnel records and police internal investigations.

In that case, involving the Worcester Telegram and Gazette Corporation and Worcester chief of police, Appellate Judge Joseph Grasso's decision said, "an internal affairs investigation is a formalized citizen complaint procedure, separate and independent from ordinary employment evaluation and assessment... it would be odd, indeed, to shield from the light of public scrutiny as 'personnel [file] or information' the workings and determinations of a process whose quintessential purpose is to inspire public confidence."

Following that decision, state Supervisor of Public Records Alan Cote wrote an advisory to police and public officials, explaining that internal investigations records are public documents.