Joseph C. Borsellino v. Boston, City of - Police Department (SPR 20190393)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 1, 2019 SPR19/393 Martha J. DeMaio Director of Public Information City of Boston Police Department One Schroeder Plaza Boston, MA 02120 Dear Ms. DeMaio: I have received the petition of Joseph C. Borsellino, Esq. of Dailey & Borsellino, P. C. appealing the response of the City of Boston-Police Department (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on May 30, 2017, Amanda Bishop of Dailey & Borsellino, P. C. requested from the Department, "[i]nvestigative information including the Death Report, Accident Report, and Reconstruction Report resulting from the vehicle accident occurring on 8/21/2016 at around 2:00 am at Addison St & William F. McClellan Hwy in Boston, MA. The Case Number associated with this investigation is !162067675." Appeals to the Supervisor In Attorney Borsellino's January 30, 2019 letter and February 14th email to the Supervisor of Records (Supervisor)._, he asked that the Supervisor issue an order to the Department to produce the records previously provided in 2017 in an un-redacted format. In a February 25th email to this office Attorney Borsellino stated, "[m]y most recent [request] to the [Department] to produce the 8/21/2016 [records] was in the week of January 23, 2019. I phoned the investigating [Department] and attempted to secure an agreement from it to produce the records [u n-redacted] ." Attorney Borsellino is advised pursuant to the Public Access Regulations, an oral request may not be the basis of an appeal to the Supervisor. 950 CMR 32.08 (1 )( c) ("an oral request, while valid as a public records request, shall not be the basis of an appeal under 950 C.M.R. 32.08"). Given that Attorney Borsellino made an oral request for public records, not a written request, I decline to opine any further on his petition. Attorney Borsellino is further advised that he may memorialize this request in writing to the Department, and any petition for an appeal of a subsequent response by a records access officer must be made within ninety (90) calendar days 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

Martha J. DeMaio SPR19/393 Page2 March 1, 2019 of the date of either the request or a response from the Department. See 950 C.M.R. 32.08(1)(d) and (e). Accordingly, this appeal is closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Joseph C. Borsellino, Esq., Dailey & Borsellino, P. C. Shawn A. Williams, Esq.