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

February 20, 2015
SPR14/680
Mr. Glenn M. Rooney, Esq.
Department of State Police
Office of the Chief Legal Counsel
470 Worcester Road
Framingham, MA 01702
Dear Attorney Rooney:
I have received the petition of Todd Wallack of the Boston Globe appealing the response
of the Department of State Police (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 a copy of an arrest
report of a specifically identified individual. Mr. Wallack also requested a copy of any booking
photos for the same individual.
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).
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(c); see also District Attorney for the
Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the
applicability of an exemption).
In an October 22, 2014 response letter, the Department provided Mr. Wallack a
Department log related to the incident pursuant to the statutory mandates of G. L. c. 41, § 98F.
The Department withheld other responsive records stating that disclosure would violate the
Criminal Offender Record Information Act (CORI) pursuant to Exemption (a) ofthe Public
Records Law. G.L. c. 6, § 167, 172; 803 C.M.R. 2.03(3).

OneAshburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617) 727-5914
www.sec.state.ma. us/pre

 Mr. Glenn M. Rooney, Esq.
Page Two
February 20, 2015

SPR14/680

Exemption (a)
Exemption (a) of the Public Records Law allows for the withholding of records which
are:
specifically or by necessary implication exempted from disclosure by statute
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).
In its October 22 letter, the Department stated that responsive records are considered
CORI and are, therefore, exempt from public disclosure. In a November 18, 2014 email to an
attorney on my staff, you clarified that the Department has withheld only one responsive record,
an arrest report.
The Department of Criminal Justice Information Services (DCJIS) has previously 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."
See SPRll/029 Determination of Supervisor of Public Records (April22, 2011). DCJIS has
opined that the legislative intent in enacting the statute included "events occurring prior to the
issuance of a complaint." (emphasis added).
As indicated by regulation, the Department has the discretion to withhold records.
determined to be CORI and created as the result of the initiation of criminal proceedings. 803
C.M.R. 2. 03(3). I find the requested arrest report falls within the definition of CORI.
Accordingly, it is the finding of this office that the Departmen acted appropriately in
withholding the requested record as CORI. This administ ati e appeal is now closed.

Supervisor of Records
cc: Mr. Todd Wallack