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Mark Miller v. Department of State Police - Office of the Chief Legal Counsel (SPR 20211329)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 05-26-2021

ClosedAppealPetitioner Won

SPR 20211329 is a Massachusetts Public Records Law appeal filed by Mark Miller concerning records held by Department of State Police - Office of the Chief Legal Counsel, opened 05-26-2021. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.

Case Details

Case Number
20211329
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Mark Miller
Custodian
Department of State Police - Office of the Chief Legal Counsel
Date Opened
05-26-2021
Date Closed
06-09-2021
Date Request Submitted
03-05-2021
Petitions Regarding Fees
No
Time to Comply
61 Business Days
Went to Court
No

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 9, 2021 SPR21/1329 Jennifer M. Staples, Esq. Records Access Officer Department of Massachusetts State Police 470 Worcester Road Framingham, MA 01702 Dear Attorney Staples: I have received the petition of Attorney Mark W. Miller of the Law Office of Mark W. Miller appealing the nonresponse of the Department of Massachusetts State Police (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 5, 2021, Attorney Miller requested the following records in relation to a July 31, 2019 motor vehicle accident involving a named client: [1] Accident reconstruction reports; [2] Any and all crash analysis reports; [3] Accident reports or police reports; [4] Photographs, video camera footage or visual recordings of the accident scene; [5] Analyses, examinations and reports of my [Attorney Miller] client’s motorcycle and results thereof; [6] Photographs, video camera footage, or visual recordings of my [Attorney Miller] client’s motorcycle. Claiming to not yet have received responsive records, Attorney Miller petitioned this office and SPR21/1329 was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. As such, the Department is ordered to provide Attorney Miller with a response to his request, provided in a manner consistent with this order, the Public Records Law and its Access Regulations within ten (10) business days. A copy of any such response must be provided to this office. 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 Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). 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

Jennifer M. Staples, Esq. SPR21/1329 Page 2 June 9, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Mark W. Miller, Esq.