Bell, Daniel v. Massachusetts Department of Transportation - Registry of Motor Vehicles (SPR 20140401)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 25, 2014 SPR14/401 Mr. Tracy Klay, Esq. Massachusetts Department of Transportation Ten Park Plaza, Suite 3510 Boston, MA 02116 Dear Attorney Klay: This office has received the petition of Daniel Bell appealing the responses of the Massachusetts Department of Transportation (MassDOT) to his numerous requests for public records. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(6). Specifically, Mr. Bell requested copies of records specific to Berkshire Aviation and the Walter J. Koladza airport located in Great Barrington. It is my understanding that Claudia Shapiro has also requested copies of the same records from MassDOT. In an August 20, 2014letter addressed to both Mr. Bell and Ms. Shapiro, MassDOT stated that it has provided copies of all records it possesses relating to the requests and that there are no further records responsive to these requests. In a September 17, 2014 telephone conversation with an attorney on my staff, you confirmed that MassDOT has provided Mr. Bell with copies of all responsive records. Furthermore, you stated that you have discussed the requests with Mr. Bell by telephone and have also provided answers relating to the requested records. Based on this discussion with you, this office will rely on MassDOT' s representation that it has conducted a thorough search for all responsive records and has provided copies of those responsive records. See Konover Mgt. Corp. v. Planning Bd. of Auburn, 32 Mass. App. Ct. 319, 326 (1992) (the strong presumption that a public official will perform honestly and impartially and will properly discharge the duties ofhis office in the public interest). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Tracy Klay, Esq. SPR14/401 Page Two September 25, 2014 Whereas MassDOT has provided copies of all responsive records, this administrative appeal is now closed. Shawn A. Williams Supervisor of Records cc: Mr. Daniel Bell