The Commonwealth of Massachusetts
William Francis Galvin, Secretary of the Commonwealth
Public Records Division
Shawn A. Williams
Supervisor ofRecords

February 20, 2015
SPR14/705

Ms. Nicole I. Taub, Esq.
City of Boston - Police Department
Office of the Legal Advisor
One Schroeder Plaza
Boston, MA 02120
Dear Attorney Taub:
I have received the petition of Todd Wallack of the Boston Globe appealing the response
of the Boston Police Department (Department) to his request for public records. G. L. c. 66 §
10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Wallack requested copies of incident
reports, internal affairs reports and other records for Department officers charged or arrested for
a certain offense since January 1, 2012. Mr. Wallack also requested copies of any related officer
photos and a copy of any Department's policy for disciplining officers.
The Public Records Law strongly favors disclosure by creating a presumption that all
governmental records are public records. G. L. c. 66, § 10( c); 950 C.M.R. 32.08(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 town of the
Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26).

Department's Response
In an email to Mr. Wallack, Lieutenant Michael McCarthy discussed how the Department
and Mr. Wallack agreed that the Department would provide a summary document to reduce the
cost of reviewing the responsive records. Lt. McCarthy further explained that the identity of the
officers would be withheld as Criminal Offender Record Information (CORI). Mr. Wallack
appealed this response.

Exemption (a)
The Department is withholding the identity and corresponding photographs of a specific
officer pursuant to the CORI Act. Exemption (a) allows for the withholding of records which
are:
specifically or by necessary implication exempted from disclosure by statute
OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914
www.sec.state.ma. us/pre

 Ms. Nicole I. Taub, Esq.
Page Two
February 20, 2015

SPR14/705

G. L. c. 4, § 7(26)(a)
A governmental entity may use Exemption (a) as a basis for withholding requested
materials where the language of the exempting statute suggests that the public's right to inspect
records under the Public Records Law is restricted. Attorney General v. Collector of Lynn, 377
Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539,545-46
(1977).
A record may be withheld as CORI if it is a record compiled by the Department
concerning an identifiable individual and relates to the nature or disposition of a criminal charge,
an arrest, a pre-trial proceeding, other judicial proceedings, sentencing, incarceration,
rehabilitation, or release. See G. L. c. 6, § 167. The Department also contends that the identities
and photographs constitute CORI as defined by regulation. 803 C.M.R. 2.03(3).
The Department of Criminal Justice Information Services (DCJIS) has defined the
"initiation of criminal proceedings" as "the point when a criminal investigation is sufficiently
complete that the investigating officers take actions toward bringing a specific suspect to court."
I find that the withheld information falls within the definition of ORI and may be withheld.
This administrative appeal is now closed.

Supervisor of Records
cc: Mr. Todd Wallack