Mikhael El-Bayeh v. Department of State Police (SPR 20222702)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 8, 2022 SPR22/2702 Allison Mondello Primary Records Access Officer Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Mr. Mikhael El-Bayeh appealing the nonresponse of the Department of 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 October 24, 2022, Mr. El-Bayeh requested the following: [1] Screen recording of Cruiser #480 CMC video footage beginning at August 4, 2021 at 18:49:00 and ending on August 4, 2021 at 19:19:00, as displayed in Evidence Library showing metadata graphs including GPS speed, consistent with the format provided by Staff Counsel … in response to PRR Appeal SPR22‐1960 on September 16, 2022 [a] Consistent with the screen recording provided on September 16, I am requesting that the Department sweep the cursor along the GPS speed graph line so that the screen recording shows the pop‐up box displaying the date, time, and numerical GPS speed values along the graph line, particularly local peak values [b] If the Department has made any changes to the process by which CMC footage is exported such that the GPS speed metadata can be overlaid on the video footage itself, the Department may provide the video footage with the overlay in lieu of the Evidence Library screen recording [2] BWC and CMC video footage of the March 30, 2022 traffic stop that resulted in the issuance of Citation #356735AB Claiming to not yet have received responsive records, Mr. El-Bayeh petitioned this office and this appeal, SPR22/2702, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Mr. El- 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

Allison Mondello SPR22/2702 Page 2 December 8, 2022 Bayeh with a response to the request, provided in a manner consistent with this order, the Public Records Law and its 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. Mr. El-Bayeh may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Mikhael El-Bayeh