Gallardo, Esq., Brian v. Massachusetts Department of Transportation - Aeronautics Division (SPR 20150073)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 20,2015 SPRlS/073 Ms. Carrie Lavallee, P .E. Sr. Project Manager Massachusetts Department of Transportation Highway Division 10 Park Plaza, Suite 3510 Boston, MA 02116 Dear Ms. Lavallee: I have received the petition of Brian Gallardo, Esq. appealing the nonresponse ofthe Massachusetts Department of Transportation (MassDOT) to his request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney Gallardo requested records related to a specifically identified construction project through two separate e-mail requests. Having received no response, Attorney Gallardo petitioned this office. 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, § 1 O(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. 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. Subsequent to the intervention by a member of my staff, this office was notified that a response was provided through two separate e-mails dated February 5, 2015. Whereas this matter was opened based upon MassDOT's failure to provide a written response, I will now consider this administrative appeal closed. Attorney Gallardo rna . appeal the substantive nature of MassDOT's response within ninety (90) days. See 950 C. 32.08(2). cc: Mr. Brian Gallardo, Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma.us/pre