Emory Snell, Jr. v. Department of Correction - MCI Concord (SPR 20170915)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 13, 2017 SPR17/915 Jeanine Roth Department of Correction-MCI Concord 965 Elm Street Concord, MA 01742 Dear Ms. Jeanine: I have received the petition of Emory Snell Jr. appealing the response of the Department of Correction-MCI Concord (DOC) to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Snell requested records regarding his "bedding/housing assignments at Concord since July 2010 to present." The DOC denied his request, claiming that the requests were Criminal Offender Record Information (CORI). G. L. c. 6, § 167; G. L. c. 4, § 7(26)(a). In addition, the DOC states the records Mr. Snell requested would contain personal identifying information protected by G. L. c. 4, § 7, 26 (c). 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 ofthe requester. See Bougas v. ChiefofPolice ofLexington, 371 Mass. 59,64 (1976). Accordingly, Mr. Snell's purpose in making the request has no bearing on the public status of any existing responsive records. The DOC's June 23'd response In the DOC's June 23rd response, you explain it is the DOC's position that the requested records contain CORI because they pertain "to an incarcerated individual and is information complied during said individual's incarceration," hence, the Department is precluded from providing them. You also indicate that "[w]ithout a signed 'Request to Inspect and/or Copy Criminal Offender Record Information' form both signed by the requestor and the inmate the records pertain to, these records cannot be disseminated." Please be advised that questions, interpretations and opinions concerning the CORI Act and its Regulations are within the 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

Jeanine Roth SPR17/915 Page 2 July 13, 2017 authority of the Department of Criminal Justice Information Services (DCIJS) and should be directed to DCJIS. Conclusion Whereas the DOC provided a response and Mr. Snell has been directed on how to request and inspect the records, accordingly, I will now consider this administrative appeal closed. Sincerely, ~ay~ Supervisor of Records cc: Emory Snell