Savastano, Esq., Anthony v. Massachusetts Department of Transportation - Office of the General Counsel (SPR 20150015)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams March 19, 2015 Supervisor ofR ecords SPR15/015 Mr. Ulysses Jacks, Esq. Massachusetts Department of Transportation Highway Division 811 North King Street Northampton, MA 01060 Dear Attorney Jacks: I have received the petition of Brian J. Cruise, Esq., on behalf of Attorney Anthony C. Savastano, Esq., Attorney at Law P. C., appealing the response of the Commonwealth of Massachusetts Department of Transportation (MassDOT) to Attorney Savastano's request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Savastano requested copies of several categories of records regarding District 5 ofMassDOT's Highway Division (District 5) for the time period of2012 through the present. MassDOT response states that there are no records responsive to Attorney Cruise's request. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lO(c); 950 C.M.R. 32.08(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Along with his petition appealing Mass DOT's response, Attorney Cruise included copies of District 5 email correspondence. These emails indicate that additional responsive records may in fact exist. A custodian of records is required to use their superior knowledge of the contents of their files to assist in promptly complying with the request. 950 CMR 32.05(4). Accordingly, MassDOT is hereby ordered to do a full and thorough search of its files, review each individual responsive record and within ten ( 10 ) days of this order, to provide Attorney Cruise with the requested records. If the MassDOT maintains that any portion of the responsive records are exempt from disclosure it must, within ten (10) days provide to Attorney Cruise a written explanation, with specificity, how a particular exemption applies to each record. This administrative appeal is now closed. Supervisor of Records cc: Mr. Brian J. Cruise, Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre