MPIA REQUEST RESPONSE

I am concerned that I have still received nothing back from Salisbury regarding the Maryland Public Information Act Request you received from me on June 6th and which you also received by certified mail. Unfortunately it is now two weeks past the maximum period of time which state law gives to provide access to the documents requested under the Maryland Public Information Act. It has furthermore now been ten days since you stated you would meet with Brekford to discuss the matter.

I believe this request (attached) was actually a very simple one, and that it is nowhere near as difficult as Brekford's representative is suggesting. Annual calibration certificates and daily setup logs for Speed Monitoring Systems are required by state law transportation article 21-809 to be "kept on file" and to be provided as evidence in court hearings. These documents are the only proof a motorist or the court has that the devices are properly calibrated and maintained. Furthermore since Salisbury operates the cameras and the operator is required to sign the logs, I'm confused as to why you would not have these documents readily available.

My understanding of the intent of state law was that by requiring these documents to be 'on file' means they are to be made available to anyone at any time for any reason. I do not believe there is any dispute as to whether such documents are disclosable under the MPIA, since other jurisdictions have disclosed them. The SHA now posts their annual calibration certificates to their website. It should not require a prolonged legal examination to release them..

The third item in my request (a technical specification) is usually simply marketing material or part of training/operating materials I would reasonably expect you to have on hand since Salisbury 'operates' the devices. In any event the other items should not be delayed even if you do not have such a document.

This really was not intended to be a complicated information request. There have been issues with Brekford speed camera calibrations in other jurisdictions such as Hagerstown and Greenbelt. If your contractor is continuing to delay this request after the maximum period state law allows to provide a response, perhaps Salisbury should confirm that Brekford does not have some reason for not providing the documents other than simply being too busy.

Thank you for your valuable time and assistance on this matter. I do appreciate that you are attempting to satisfy the request, and I look forward to receiving Salisbury's response containing all requested documents.

--Ron Ely

To: Salisbury Police Department
699 West Salisbury Parkway
Salisbury, MD 21801

Cc: spdchief@salisburypd.comknichols@ci.salisbury.md.us
jpick@ci.salisbury.md.us

MARYLAND PUBLIC INFORMATION ACT REQUEST

Pursuant to the Maryland Public Information Act, State Government Article §§10-611 through §§10-630, I am requesting copies of the following records in the custody of Salisbury or contractors keeping them on your behalf:
The annual calibration certificates for ALL speed monitoring systems used by Salisbury during any portion of 2011, 2012, or 2013. 
The daily setup/deployment logs for all speed cameras used in Salisbury on the following dates: 
October 19, 2012 
November 1, 2012 
December3, 2012 
January 3, 2013 
February 1, 2013 
The technical specifications of speed cameras used in Salisbury. 
I previously sent this by email on June 5 and am following up with a mailed request.
I request that fees be waived for this request since the release of these records is in the public interest, as they are highly relevant to matters in the public discourse and including matters of recently considered state legislation. The principal embodied of the text of the MPIA that "All persons are entitled to have access to information about the affairs of government and the official acts of public officials and employees" demands a high level of transparency by local speed camera programs.
If providing scanned electronic copies of these documents is possible, then I would prefer that they be provided in that form and sent to this email address: StopBigBrotherMD@gmail.com. 
If any privilege is claimed under the law to deny any portion of this request, then I request that all non-privileged portions of requested records be provided. Since state law specifies that daily setup logs and annual calibration certificates be kept “on file”, then I believe those records should rightly be released immediately regardless of whether there might be time required for other portions of this request. 
I look forward to your response at the earliest possible time, and within 30 days in any event. Thank you for your time and attention.
Sincerely,
Ronald Ely 

Maryland Drivers Alliance11817 Silent Valley Lane
North Potomac, MD 20878

StopBigBrotherMD@gmail.com