Todd Wallack v. Sex Offender Registry Board (SPR 20160813)

The Commonwealth ofMassachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 18, 2016 SPR16/813 Mr. William H. Burke, Esq. General Counsel Executive Office of Public Safety and Security Sex Offender Registry Board P.O. Box 4547 Salem, MA 01970 Dear Attorney Burke: I have received the petition of Todd Wallack of The Boston Globe appealing the response of the Sex Offender Registry Board's (Board) response to a request for public records. Specifically, Mr. Wallack requested a "current electronic list ofLevel2 and Level 3 Sex offenders, including all the information in the database that is available to the public (such as the name, date of birth and address)." Previous appeals and determinations This request was the subject of previous appeals and determinations. See SPR16/190 Determination of the Supervisor of Records (March 24, 2016); SPR16/257 Determination of the Supervisor ofRecords (April27, 2016; July 19, 2016); SPR16/653 Determination ofthe Supervisor of Records (September 16, 2016). In my September 16 determination I found the Board met its burden of specificity in citing statutory authority that limits the availability of the responsive records. Mr. Wallack informed this office he seeks "clarification" of the September 16 determination. Request for clarification In its responses to Mr. Wallack's request the Board cited multiple chapters of the relevant statute and case law to support its position that sex offender registry information may only be disseminated in a particular manner and therefore the requested records fall under Exemption (a) of the Public Records Law. See G. L. c. 4, § 7(26)(a) (permitting the withholding ofrecords that are "specifically or by necessary implication exempted from disclosure by statute"); see also G. L. c. 6, § 178D; G. L. c. 6, § 178I; G. L. c. 6, § 178J(a); Moe v. Sex Offender Registry Bd., 467 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. William H. Burke, Esq. SPR16/813 Page 2 October 18, 2016 Mass. 598 (2014); John Doe v. Attorney Gen., 425 Mass. 217 (1997). After review, I decline to opine further on this matter at this time. If Mr. Wallack is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 1O (b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). cc: Mr. Todd Wallack