Robert Martinez v. Office of the District Attorney - Plymouth District (SPR 20170611)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 10, 2017 SPR17/611 Keith A. Garland, Esq. Assistant District Attornet Office of the District Attorney - Plymouth District 166 Main Street Plymouth, MA 02301 Dear Attorney Garland: I have received the petition of Robert Martinez appealing the response of the Office of the District Attorney - Plymouth District (DAO) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Martinez requested "copies of any/all documents, materials, and records" in the possession of the DAO in regards to a specific proceeding. On April 24th, 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. Martinez'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. Martinez 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

Keith Garland, Esq. SPR17/611 Page2 May 10, 2017 The DAO's response In the DAO's April 24th response, you explain it is the DAO's position that CORI information is exempt from disclosure. The DAO goes on to explain that a CORI release or waiver does not change or exempt the nature of the information contained in Mr. Martinez's file. 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. Conclusion Whereas the DAO provided a response and Mr. Martinez has been directed to pursue other avenues ofrequesting these records, accordingly, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Robert Martinez