Leis Bolgen, Esq., Claudia v. Office of the Attorney General - Non-Profit Organizations/Public Charities Division (SPR 20140340)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords July 2, 2014 SPR14/340 Ms. Claudia Leis Bolgen, Esq. Bolgen & Bolgen 390 Main Street, Suite 203 Woburn, MA 01801 Dear Attorney Leis Bolgen, Esq.: I have received your letter appealing the response of the Office of the Attorney General (AGO) to your request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, you requested copies of AGO records regarding a named individual. The AGO provided a number of responsive records and denied other responsive records pursuant to the Criminal Offender Record Information (CORI) statute as it operates through Exemption (a), the statutory exemption of the Public Records Law. See G. L. c. 4, § 7 (26)(a); see also G. L. c. 6 §167. In your letter to this office you concede that the records being withheld are admittedly CORI. Please note that the personal status of your client in the matter in question does not afford any greater right of access to the requested information, as the Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances ofthe requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, any authorization to release the records signed by your client will not operate to permit the AGO to disclose such information subject to a Public Records request, as CORI is specifically exempt from disclosure under the Public Records Law. A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public's right to inspect records under the Public Records Law is restricted. See Attorney General v. Collector of Lynn, 377 Mass. 151, 54 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This office cannot order disclosure of records if a statute mandates nondisclosure. General Chemical Corp. v. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Claudia Leis Bolgen, Esq. SPR14/340 Page Two July 2, 2014 Department of Environmental Quality Engineering, 19 Mass. App. Ct. 287 (Mass. App. Ct. 1985). Accordingly, it is the finding of this office that the AGO acted appropriately in withholding the CORI you requested under the provisions of the Public Records Law. This administrative appeal is now closed. cc: Ms. Lorraine A.G. Tarrow, Esq.