Request #2021-1690 (Framingham, MA - Police)

Request for public records made to City of Framingham by susan petroni.

Agency

City of Framingham

Summary

Under the Massachusetts Public Records law, SOURCE media is requesting a copy of police report  #2105927. The digital news outlet understands the report may need to be redacted.  Thanks The Framingham Police Department must redact your request on the grounds that  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. 2.03: CORI Inclusions and Exclusions (1) CORI shall be limited to the information recorded as the result of the initiation of criminal proceedings or any consequent related proceedings regarding individuals 18 years of age or older for offenses after September 18, 2013. For offenses prior to September 18, 2013, CORI includes offenses for individuals 17 years of age or older. (2) If a person younger than 18 years old is adjudicated as an adult, CORI shall include information relating to that adjudication. (3) CORI shall include fingerprints, photographs, and other identifying data that is recorded as the result of the initiation of a criminal proceeding. Exemption (a) G. L. c. 41, § 97D. This category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.”[1] [2][1] See, e.g., G.L. c. 41, § 97D (all reports of rape ,sexual assault, Domestic abuse “shall not be public reports”).   [1] See, e.g., G.L. c. 41, § 97D (all reports of rape or sexual assault “shall not be public reports”). Exemption (C) G.L. c. 4, § 7(26)(c).This category applies to materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy71 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

2021-09-27

Agency Tracking

2021-1690

Acquisition Notes

This record was automatically imported from https://www.townforms.com/FOIADirect-FraminghamMACitizens/

Status

Fulfilled

Requester

susan petroni

This record is part of the StateReference Public Records Requests collection. This is a public records request to a state agency or municipality.

This record was originally posted at https://www.townforms.com/FOIADirect-FraminghamMACitizens/.