Mark W. Miller v. Boston, City of - Public Records (SPR 20201773)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 5, 2020 SPR20/1773 Shawn A. Williams, Esq. Director of Public Records City of Boston One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Mark W. Miller, Esq. appealing the response of the City of Boston (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Attorney Miller requested copies of records pertaining to a motor vehicle accident on East Broadway, at the intersection of O Street in Boston, MA on December 18, 2017 at approximately 6:30 am. Specifically, relative to this accident, Attorney Miller requested copies of: 1. Any and all schedules or records indicating the time period when the school zone/slow traffic signal at 866 East Broadway (South Boston Catholic Academy) was operating on December 18, 2017; 2. Any and all reports indicating that the school zone/slow traffic signal at 866 East Broadway (South Boston Catholic Academy) was not in operation or was being repaired on December 18, 2017; 3. Any and all documents, records, photos, charts or diagrams indicating the speed limit at 866 East Broadway (South Boston Catholic Academy) at 6:49 am on December 18, 2017; 4. A copy of any and all rules, regulations or requirements indicating the speed limit of a street or area with or controlled by a yellow florescent slow sign in the City of Boston on December 18, 2017; and, 5. A copy of any and all parking rules, regulations or ordinances applicable to commercial vehicles stopped or disabled in the roadway at the intersection of O Street and East Broadway effective on December 18, 2017. In Attorney Miller’s September 18, 2020 petition to the Supervisor of Records (Supervisor), Attorney Miller indicates that the City of Boston did not respond to his April 16, 2020 request within the ten-day statutory period. On June 4, 2020, Attorney Miller made a second/follow-up request to the City by certified mail. Attorney Miller also indicates that his 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

Shawn A. Williams, Esq. SPR20/1773 Page 2 October 5, 2020 administrative assistant made a telephone call and left a voicemail seeking the status of the request. Attorney Miller states, “[a]s a result, my office sent for the third time on July 31, 2020, the same public record request to the [City] requesting public records relevant to my client’s accident.” On August 10, 2020, you responded on behalf of the City, “[i]t is unclear what records you seek from the [City]. Should you wish to make a new request feel free to do so.” As a result of the City’s August 10th response, Attorney Miller petitioned the Supervisor and this appeal was opened. In his petition, Attorney Miller asserts, “[o]ur request is itemized, straightforward and clear, and includes all the necessary information to assist the [City] in producing the records we requested on behalf of our client. Our request reasonable describes the public records sought related to my client’s accident.” Subsequent to the intervention of a Senior Attorney in the Public Records Division, I learned that a representative from the City intends on providing a written response to Attorney Miller regarding his request. Conclusion Accordingly, the City is ordered to provide Attorney Miller with a response made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Attorney Miller may appeal the substantive nature of the City’s response within ninety calendar days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Mark W. Miller, Esq.