Robert L. Thompson v. Massachusetts State Police (SPR 20170604)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 8, 2017 SPR17/604 Alycia J. DeAngelis Massachusetts State Police Office of the Chief Legal Counsel 470 Worcester Road Framingham, MA 01702 Dear Attorney DeAngelis: I have received the petition of Robert Thompson appealing the response of the Massachusetts Department of State Police (Department) to a request for public records. G. L. c. 66 § IOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Thompson requested a police report in regards to an arrest. On April 1st\ 2017, the Department issued a response regarding the applicability Criminal Offender Record Information Act (CORI). Purpose of request 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. Thompson'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 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. Thompson may wish to consider another means of seeking to obtain any existing responsive records. 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

Alycia DeAngelis, Esq. SPR17/604 Page 2 May 4, 2017 The Department's response In the Department's April 18th response, you explain it is the Department's position that "[u]nder the law as written, we cannot disseminate criminal records even to the individuals to whom the records pertain." Please be advised that questions, interpretations and opinions concerning the CORI Act and its Regulations are within the authority of the Department of Criminal Justice Information Services (DCIJS) and should be directed to DCJIS. Furthermore, the Department explained they "attached documentation that may be helpful" to Mr. Thompson. Conclusion Whereas the Department provided a response by providing certain records and Mr. Thompson has been informed as to how he should redirect his inquiry for additional records, accordingly, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Robert L. Thompson