Shapiro, Claudia v. Massachusetts Department of Transportation - Registry of Motor Vehicles (SPR 20140455)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 26, 2014 SPR14/455 Massachusetts Department of Transportation 10 Park Plaza, Suite 4160 Boston MA, MA 02116 Dear Department of Transportation: I have received the petition of Claudia Shapiro appealing the nonresponse of the Massachusetts Department of Transportation (MassDOT) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Ms. Shapiro requested a copy of a MassDOT employee resume. As of the date of this determination Ms. Shapiro has not received a response from the MassDOT regarding this request for records. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 1O (b ); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. The MassDOT is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. The MassDOT has yet to meet its burden in proving with specificity why responsive records have not been made available. Accordingly, the MassDOT is hereby ordered, within ten (10) days ofthis order, to provide Ms. Shapiro with the requested records. If the MassDOT maintains that the responsive records are exempt it may, within thirty (30) days provide to Ms. Shapiro and this office an explanation, with specificity, how a particular exemption applies to each record. An acknowledgment will be provided, followed by a written determination by this office, to be provided within fifteen (15) business days. Requests for reconsideration filed more than thirty (30) days after he date of this letter will not be considered. Supervisor of Records cc: Ms. Claudia Shapiro OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre