Douglas E. Wight v. Office of the District Attorney - Northwestern District (SPR 20170385)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 6, 201 7 SPR17/385 Cynthia Von Flatern Office of the District Attorney -Northwestern District One Gleason Plaza Northampton, MA 01060 Dear Attorney Von Flatern: I have received the petition of Douglas E. Wight appealing the response of the Office of the District Attorney Northwestern District (Office) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Wight requested records pertaining to how "misdemeanors was determined to be in dollars and cents." Initially you had provided a response along with some records to Mr. Wight on February 23, 2017 and claimed the Criminal Offender Record Information (CORI) Act for denial of public records. G. L. c. 6, § 167. Objecting to this response, Mr. Wight petitioned this office. In his petition dated March 23, Mr. Wight contends that the Office did not provide him with the records he requested. Mr. Wright indicated he "specifically requested that the DA' s office indicates how much each amount of misdemeanor was determined to be in dollars and cents." He further asserts, "The DA's office has this information because it was provided them by each police department in their territory." In your February 23rd response, you stated that the Office does not possess the specific statistics that Mr. Wight is looking for and those particular records may be obtained through the Greenfield District Court using the docket numbers the Office provided. With respect to the records withheld under CORI, since Mr. Wight did not request such information, there is no need to opine on it. Subsequent to the intervention by a member of the Public Records Division staff, I was informed that you will, with your superior knowledge as custodian of records, conduct a more thorough search to make certain all responsive records have been provided. Additionally, you will provide a more substantial response to Mr. Wight made in accordance to the Public Records Law, its Regulations, and this order. With the proviso that you will provide a more substantial 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

Cynthia Von Flaten SPRI 7/385 Page 2 April 6, 201 7 response, I will now consider this administrative appeal closed. Mr. Wight may appeal the substantive nature of the Office's response within ninety (90) days. See 950 C.M.R. 32.08. Sincerely, 1Jbu<xfr1WAtaLJ._ Q Rebecca S. Murray Supervisor of Records cc: Douglas E. Wight