Justice Ainooson v. Office of the District Attorney - Plymouth District (SPR 20160785)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 18, 2016 SPR16/785 Mr. Keith A. Garland, Esq. Office of the District Attorney-Plymouth District 32 Belmont Street P. 0. Box 1665 Brockton, MA 02303 Dear Attorney Garland: I have received the petition of Justice Ainooson appealing the nonresponse of the Office of the District Attorney-Plymouth District (Office) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). This request was the subject of a previous appeal. See SPR16/514 Determination of the Supervisor of Records (August 3, 2016). In that Determination, I found that the responsive records consist primarily of Criminal Offender Record Information (CORI), which is exempt from disclosure under the Public Records Law. See G. L. c. 6, §167-178B. I suggested that Mr. Ainooson should contact the Department of Criminal Justice Information Services (DCJIS) to seek a determination on the issues associated with his request. Mr. Ainooson appealed. After another careful and thorough review of this matter, I respectfully decline to reverse my findings. In its response, the Office indicated that any responsive records would be "subject to redaction." If, upon payment of the estimated fee by Mr. Ainooson, the Office maintains that any portion of the responsive records are exempt from disclosure it must provide to a written explanation, with specificity, how a particular exemption applies to each record. I find the Department merely notified Mr. Ainooson the responsive records would be "subject to redaction," as would any government record. Whereas I find the Office has not yet asserted an exemption, I will consider this administr:~ . cc: Mr. Justice Ainooson OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre