Ivano Correia v. Office of the District Attorney - Plymouth District (SPR 20170549)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 8, 2017 SPR17/549 Gail M. McKenna Esq. Records Access Officer Plymouth District Attorney's Office 166 Main Street Brockton, MA 02301 Dear Attorney McKenna: I have received the petition ofivano Correia appealing the response of the Plymouth District Attorney's Office (Office) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Correia requested records from a specifically named and active criminal prosecution. The Office denied his request stating that the requests were Criminal Offender Record Information (CORI). G. L. c. 6, § 167, et seq.; G. L. c. 4, § 7(26)(a). In addition, the Office states the records Mr. Correia sought would contain personal identifying information and investigative materials, protected by G. L. c. 4, § 7, 26 (a), (c) and (f). The Office further states that Mr. Correia has a unique right of access to the records he sought via his defense attorney or the courts. Purpose ofrequest Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record 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). Accordingly, Mr. Correia's purpose in making the request has no bearing on the public status of any existing responsive records. It should be noted that the discovery process and the Public Records Law are two distinct and independent avenues for gaining access to records. The Massachusetts Supreme Judicial Court has held that while a party's access to records may be limited by the Public Records Law, this may not preclude obtaining the records through discovery. Commonwealth v. Wanis, 426 Mass. 639 (1998). See also 950 C.M.R. 32.08(1)(a) (the administrative appeal process "shall not 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

Gail M. McKenna, Esq. SPR17/549 Page 2 May 8, 2017 apply to records in which an individual, or a representative of the individual, has a unique right of access to the record through statutory, regulatory, judicial or other applicable means"). As such, Mr. Correia may wish to consider another means of seeking to obtain any existing responsive records. The Department's response In the Office's April11, 2017 response, you explain it is the Office's position that the requested records contain CORI and the Office is precluded from providing them. Please be advised that questions, interpretations and opinions concerning the CORI Act and its Regulations are within the authority ofthe Department of Criminal Justice Information Services (DCIJS) and should be directed to DCJIS. Further, the Office informed Mr. Correia of his unique right of access to these records and provided him alternate means of acquiring these records. Conclusion Whereas the Office provided a response by offering direction as to how Mr. Correia should redirect his inquiry for records, I find that the Office has satisfied its burden in responding to Mr. Correia's request. Accordingly, I will now consider this administrative appeal closed. Sincerely, fJJJfMA ~ Rebecca S. Murray Supervisor of Records cc: Ivana Correia