Hey Chief,
I’m writing from 7 News in Boston with a public records
request.
Under the Massachusetts Public Records Law I’m requesting:
Any and all inspection reports of your police
department’s evidence room(s)/evidence storage facility/facilities from the
last three years.
Any and all audits of your police department’s
evidence room(s)/evidence storage facility/facilities performed in the last
four years.
If you can please send me the records electronically that
would be preferred.
Please feel free to call me if you have any questions.
Thank you,
The Framingham
Police Department redacted on the grounds that providing the
requested records would violate the Criminal Offender Record Information Act
(CORI). G.L. c. 6, § 167, 172; 803 C.M.R. 2.03(3). The CORI statute imposes
restrictions on the dissemination of records which were compiled by the
Department concerning an identifiable individual which relate to the nature or
disposition of a criminal charge, an arrest, a pre-trial proceeding, other
judicial proceedings, sentencing, incarceration, rehabilitation, or release.
Therefore, these records are being withheld pursuant to Exemption (a) of the
Public Records Law. This exemption 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). G.L. c.
6, § 167, the CORI statute, prevents the Department from disclosing the
requested police arrest records and reports.
The Department of
Criminal Justice Information Services (DCJIS) provides public access to certain
criminal records. You may be able to obtain some of what you are seeking by
requesting it through the iCORI program. You can contact DCJIS on-line or via
phone by calling 617-660-4640 for more information.
You have a right to
appeal this decision, pursuant to 950 CMR 32.08(2), to:
Supervisor of Public
Records
Office of the State
Secretary,
One Ashburton Place,
Room 1719
Boston,
Massachusetts 02108
Any appeal must be
made in writing within 90 days of this denial, and shall include a copy of your
written request and a copy of this letter. The Supervisor shall accept an
appeal only from a person who had made his or her public record request in
writing. If you require further information regarding this matter, please do
not hesitate to contact me.
Request Date
2019-03-11
Agency Tracking
2019-0398
Acquisition Notes
This record was automatically imported from https://www.townforms.com/FOIADirect-FraminghamMACitizens/
Hey Chief,
I’m writing from 7 News in Boston with a public records
request.
Under the Massachusetts Public Records Law I’m requesting:
Any and all inspection reports of your police
department’s evidence room(s)/evidence storage facility/facilities from the
last three years.
Any and all audits of your police department’s
evidence room(s)/evidence storage facility/facilities performed in the last
four years.
If you can please send me the records electronically that
would be preferred.
Please feel free to call me if you have any questions.
Thank you,
The Framingham
Police Department redacted on the grounds that providing the
requested records would violate the Criminal Offender Record Information Act
(CORI). G.L. c. 6, § 167, 172; 803 C.M.R. 2.03(3). The CORI statute imposes
restrictions on the dissemination of records which were compiled by the
Department concerning an identifiable individual which relate to the nature or
disposition of a criminal charge, an arrest, a pre-trial proceeding, other
judicial proceedings, sentencing, incarceration, rehabilitation, or release.
Therefore, these records are being withheld pursuant to Exemption (a) of the
Public Records Law. This exemption 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). G.L. c.
6, § 167, the CORI statute, prevents the Department from disclosing the
requested police arrest records and reports.
The Department of
Criminal Justice Information Services (DCJIS) provides public access to certain
criminal records. You may be able to obtain some of what you are seeking by
requesting it through the iCORI program. You can contact DCJIS on-line or via
phone by calling 617-660-4640 for more information.
You have a right to
appeal this decision, pursuant to 950 CMR 32.08(2), to:
Supervisor of Public
Records
Office of the State
Secretary,
One Ashburton Place,
Room 1719
Boston,
Massachusetts 02108
Any appeal must be
made in writing within 90 days of this denial, and shall include a copy of your
written request and a copy of this letter. The Supervisor shall accept an
appeal only from a person who had made his or her public record request in
writing. If you require further information regarding this matter, please do
not hesitate to contact me.
Request Date
2019-03-11
Agency Tracking
2019-0398
Acquisition Notes
This record was automatically imported from https://www.townforms.com/FOIADirect-FraminghamMACitizens/