Michael Rezendes v. Office of the District Attorney - Plymouth District (SPR 20160821)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords October 18,2016 SPR16/821 Ms. Gail M. McKenna, Esq. Assistant District Attorney Office of the District Attorney - Plymouth County 32 Belmont Street Brockton, MA 02301 Dear Attorney McKenna: I have received the petition of Michael Rezendes of The Boston Globe appealing the response of the Office of the District Attorney-Plymouth County (District Attorney) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Rezendes requested a copy of an investigation report. In a September 15, 2016 response you denied this request, stating the responsive record is subject to an impoundment order. Mr. Rezendes appealed. In your response you cite a current matter to state "an impoundment order is in effect that precludes sharing certain protected information including, by implication, the document [Mr. Rezendes] seeks." The Supreme Judicial Court has found an impoundment order may preclude access to a public record. See Commonwealth v. Fremont Inv. & Loan, 459 Mass. 209 (2011). I find the District Attorney has met its statutory obligation in denying access to a public record. As such, I decline to opine upon the remaining bases for withholding the responsive records. If Mr. Rezendes 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. Michael Rezendes OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre