Michael Dreslinski v. Department of Correction - NCCI (SPR 20180794)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 15,2018 SPR181794 Jessica Wyson Massachusetts Department of Correction - NCCI P.O. Box 946 Norfolk, MA 02056 Dear Jessica Wyson: I have received the petition of Michael P. Dreslinski appealing the response of the Massachusetts Department of Correction (Department) to a request for public records. G. L. c. 66, 5 l0A; see also 950 C.M.R. 32.08(1). Specifically, on May 23,2018, Mr. Dreslinski requested: 1. Supplemental response to April 1,201 8 public record request of Michael P. Dreslinski, pursuant to the order of the Supervisor of Records in the matter of Public Records appeal #SPR18/569; 2. All communications to and from NCCI and the Secretary of the Commonwealth Public Records Division regarding Mr. Dreslinski's aforementioned public record request and appeal. Previous Appeal In a letter dated April 1, 201 8, Mr. Dreslinski requested all incident reports from the dates of 10-31 -2017 through 03-3 1-20 18. On April 12 '" the Department informed Mr. Dreslinski that he must contact the IPS Department and request the incident reports from them. In a follow up letter dated April 24', Mr. Dreslinski expressed to this office that the Department he contacted did not have a Records Access Officer. In light of the Department's April 12'~le tter and Mr. Dreslinski's April 24'" letter, I ordered the Department to provide Mr. Dreslinski a response further detailing the entity that may have created or received the records he seeks. In a letter dated May 14,2018 the Department provided Mr. Dreslinski the records responsive to his request. In the May 14'~le tter the Department writes, "[tlhe NCCI Records Department has completed your request for the Criminal Offender Records Information [(CORI)]. Enclosed are the records pursuits this request." - 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

Jessica Wyson Page 2 June 15,2018 Current Appeal In a letter dated May 23, 2018 the Department states, "[tlhis is a CORI request and not a Public records request. I have forwarded your request to the Superintendent's office to help assist you with this request." In his petition dated May 23,2018, Mr. Dreslinski writes, "[nlo records were provided to me pursuant to my request. This petition appeals to the RAO determination that my May 23, 2018 request is a C.O.R.1 request." He further expressed that his request "fall squarely within the definition of Public Records." Criminal Offender Record Information Act Please note that an updated definition of CON is currently in effect. CORI, which is statutorily exempt from disclosure, is defined as: [Rlecords and data in any communicable form compiled by a Massachusetts criminal justice agency which concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, other judicial proceedings, previous hearings conducted pursuant to section 58A of chapter 276 where the defendant was detained prior to trial or released with conditions under subsection (2) of section 58A of chapter 276, sentencing, incarceration, rehabilitation, or release. Such information shall be restricted to information recorded in criminal proceedings that are not dismissed before arraignment. Criminal offender record information shall not include evaluative information, statistical and analytical reports and files in which individuals are not directly or indirectly identifiable, or intelligence information ... Criminal offender record information shall not include information concerning any offenses which are not punishable by incarceration. Conclusion In light of the Department's April 23rdr esponse indicating that the Superintendent's office will assist with Mr. Dreslinski's request, this office encourages the Department and Mr. Dreslinski to communicate further to enable the Department to provide Mr. Dreslinski the requested records. If unresolved issues remain, Mr. Dreslinski may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1).

Jessica Wyson Page 3 June 15,2018 Sincerely, Rebecca S. Murray Supervisor of Records cc: Michael Dreslinski