Derek Gignilliat v. Department of Criminal Justice Information Services (SPR 20253304)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 21, 2025 SPR25/3304 Agapi Koulouris, Esq. General Counsel Department of Criminal Justice Information Services 200 Arlington Street, Suite 2200 Chelsea, MA 02150 Dear Attorney Koulouris: I have received the petition of Derek Gignilliat appealing the response of the Department of Criminal Justice Information Services (Department/DCJIS) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 29, 2025, Mr. Gignilliat requested: ….any and all records pertaining to [an identified individual’s] history and involvement with your department…. Specifically, I am requesting the following: [1] Probation Records: Copies of all probation-related documents, notes, communications, or entries referencing [an identified individual], including any reports, assessments, or supervision records. Any information or case notes involving Probation Officer [identified individual], who was assigned to [the identified individual’s] case. This includes dates of supervision, correspondence, status updates, and any disciplinary or incident- related information connected to [the identified individual’s] file. [2] Criminal Justice Records (if applicable): Records of arrest, incarceration, or custody under the Worcester County House of Correction or Worcester Police Department. Any court filings, case summaries, or probation-related proceedings handled within the Worcester Superior Court or related entities. On November 7, 2025, the Department provided a response. Unsatisfied with the Department’s response, Mr. Gignilliat petitioned this office and this appeal, SPR25/3304, was 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

Agapi Koulouris SPR25/3304 Page 2 November 21, 2025 opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Department’s November 7th Response On November 7, 2025, the Department provided Mr. Gignilliat with a response stating: Your request seeks records relating to [an identified individual] concerning probation, court and any custodial record files. DCJIS is not the custodian of probation, court or custodial agency files. Therefore, DCJIS possesses no responsive records. You will need to direct your request to the Office of the Commissioner of Probation, Custodial agency and/or court for said records. DCJIS can provide you with a copy of your Criminal Offender Record Information (CORI). The CORI may either be submitted online with a valid Massachusetts driver's license or state identification card. If you do not possess a MA license or identification card, you may instead submit a request on paper by mail. Current Appeal In his appeal, Mr. Gignilliat contends: In its written response, DCJIS stated that it “is not the custodian of probation,

Agapi Koulouris SPR25/3304 Page 3 November 21, 2025 court, or custodial agency files,” and therefore possessed no responsive records. However, DCJIS administers the Commonwealth’s centralized Criminal Offender Record Information (CORI) system under M.G.L. c. 6, §§167–178B, which by law integrates data from multiple contributing justice entities, including custodial and probation agencies. Given [an identified individual’s] history of documented court and police interactions within Worcester County, the absence of any probation or custodial records raises serious concerns regarding:  the completeness and accuracy of the Commonwealth’s criminal record system,  potential administrative error or omission within contributing agencies, and  the resulting harm to [an identified individual’s] personal, professional, and legal status, including ongoing litigation involving the Worcester Police Department and Worcester County House of Correction. Records in Existence; Possession, Custody, or Control The Department is advised that the duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on the information provided in Mr. Gignilliat’s appeal petition, it is unclear whether the Department possesses records responsive to Mr. Gignilliat’s request. If the Department does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Department is ordered to provide Mr. Gignilliat with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Gignilliat may further appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Agapi Koulouris SPR25/3304 Page 4 November 21, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Derek Gignilliat