Davidson, Esq., Patricia v. Massachusetts Department of Transportation - Aeronautics Division (SPR 20150076)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 27, 2015 SPRlS/076 Ms. Jean Berke, Esq. Deputy General Counsel Massachusetts Department of Transportation 10 Park Plaza, Suite 3510 Boston, MA 02116 Dear Attorney Berke: I have received the petition of Patricia Davidson, Esq. 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, Attorney Davidson requested copies of records related to the development of a resort casino. Having received no response, Attorney Davidson 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, § 10(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, you indicated that you intend to respond. Accordingly, MassDOT is hereby ordered to respond to Attorney Davidson's request within ten (10) days. Whereas this matter was opened based upon MassDOT's failure to provide a written response, I will now consider this administrative appeal closed. Attorney Davidson may appeal the substantive nature ofMassDOT's response within ninety (90) days. See 950 C.M.R. 32.08(2). cc: Ms. Patricia L. Davidson, Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre