Emory Snell, Jr. v. Executive Office of Public Safety and Security - Department of Correction (SPR 20160479)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 4, 2016 SPR16/479 Ms. Sheryl F. Grant Executive Office of Public Safety and Security Department of Correction Legal Division 70 Franklin St. Suite 600 Boston, MA 02110-1327 Dear Ms. Grant: I have received the petition of Mr. Emory Snell, Jr. appealing the response of the Department of Correction Legal Division (Division) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Snell requested a wide range of records. In your June 21,2016 response you informed Mr. Snell that the records he requested were not public records as they constitute Criminal Record Offender Information (CORI). See G.L. c. 6, § 167. You further informed Mr. Snell that you were not the custodian for the requested records and the Division did not have custody of any of the records he sought. Mr. Snell appealed this response. Criminal Offender Record Information (COR/) CORI, which is statutorily exempt from disclosure, is defined as: [A]ny records and data in any communicable form compiled by a: criminal justice agency which concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, or other judicial proceedings, sentencing, incarceration, rehabilitation, or release. Such information shall be restricted to that recorded as the result of the initiation of criminal proceedings or any consequent proceedings related thereto. Criminal offender record information shall not include evaluative information, statistical and analytical reports and field in which individuals are not directly or indirectly identifiable, or intelligence information. G. L. c. 6, § 167. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax {617) 727-5914 www.sec.state.ma. us/ pre

Ms. Sheryl F. Grant SPR16/479 Page 2 August 4, 2016 The personal status of Mr. Snell 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 of the requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). However, some statutes and regulations allow requesters to obtain records in a manner that does not require a request under the Public Records Law. It is recommended that Mr. Snell contact the Department of Criminal Justice Information Services (DCJIS) as this is the department tasked with interpreting the CORI Act. Use of custodian's superior knowledge In accordance with the Public Records Law and Access Regulations, a custodian is expected to use his or her superior knowledge to ensure that a request for records is delivered to the appropriate party. See 950 C.M.R. 32.05(4). It is unclear from the Division's response whether the proper department has been made aware of Mr. Snell's request. Furthermore, it is unclear ifthe Division has possession of any records responsive to Mr. Snell's request. It is also unclear if all responsive records would constitute as CORI. Order Whereas the Division does not appear to be the custodian of the requested records, and further whereas any responsive records it may possess are likely to include CORI, I will consider this administrative appeal closed with the proviso that the Division provide Mr. Snell with a revised response, prepared in a manner consistent with this order, the Public Records Law and its Regulations. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at re sec.state ma.us. Supervisor of Records cc: Mr. Emory Snell, Jr.