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Nicole M. Avitabile, Esq. v. Watertown, City of - Police Department (SPR 20220728)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 03-30-2022

ClosedAppealPetitioner Won

SPR 20220728 is a Massachusetts Public Records Law appeal filed by Nicole M. Avitabile, Esq. concerning records held by Watertown, City of - Police Department, opened 03-30-2022. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.

Case Details

Case Number
20220728
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Nicole M. Avitabile, Esq.
Custodian
Watertown, City of - Police Department
Date Opened
03-30-2022
Date Closed
04-13-2022

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 April 13, 2022 SPR22/0728 Catalina Gonzalez Principal Clerk Records Dept. Watertown Police Department 552 Main Street Watertown, MA 02472 Dear Ms. Gonzalez: I have received the petition of Nicole Avitabile, Esq. appealing the response of the Watertown Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 1, 2022, Attorney Avitabile requested “…all copies of Police Department reports, in electronic format, relating to any motor vehicle accidents that occurred within the city from February 21, 2022 through Present.” Prior Appeal The requested records were the subject of a prior appeal. See SPR22/0507 Determination of the Supervisor of Records (March 11, 2022). In my March 11th determination I found that the Department intended on providing a supplemental response to Attorney Avitabile. On March 29, 2022, the Department responded. Unsatisfied with the Department’s response, Attorney Avitabile petitioned this office and this appeal, SPR22/0728, was opened as a result. Based upon a conversation between a Public Records Division staff attorney and a Department representative, it is my understanding that the Department intends on providing a subsequent response to Attorney Avitabile. Accordingly, the Department is ordered to provide Attorney Avitabile with a response to her request in a manner consistent with the Public Records Law and its Access Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Attorney Avitabile may appeal the substantive nature of the Department’s response within ninety 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

Catalina Gonzalez SPR22/0728 Page 2 April 13, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Nicole Avitabile, Esq. Captain Thomas Rocca