Melissa A. Celli, Esq. v. Office of the District Attorney - Plymouth District (SPR 20161160)

The Commonwealth of Massachusetts William Francis Galvin, Secretary ofthe Commonwealth Public Records Division Shawn A. Williams Supervisor of Records December 20, 2016 SPR16/1160 Ms. Gail M. McKenna Esq. Plymouth District Office of the District Attorney 32 Belmont Street Brockton, MA 02301 Dear Attorney McKenna: This office has received your request for reconsideration of my written determination. See SPR16/725 Determination ofthe Supervisor of Records (September 16, 2016). In that Determination the DAO was ordered to conduct a full and thorough search of its records, identify and provide any and all records responsive to Attorney Celli's request, if the DAO intends to withhold any of the responsive records the DAO must provide Attorney Celli with a detailed explanation with specificity, how a particular exemption applies to each record, along with a custodial index. See 950 C.M.R. 32.07(7). In your request for consideration you indicate that, "Attorney Celli has since litigated an appearance on her client's behalf at the Brockton Superior Court and is actively litigating his case." Status of requestor not relevant in request for public records 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). After another careful and thorough review ofthis matter, I respectfully decline to reverse my findings. If you are not satisfied with the resolution ofthis 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). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Ms. Gail McKenna, Esq. SPR16!1160 Page 2 December 20, 2016 cc: Melissa Celli, Esq.