Frongillo, Thomas v. Massachusetts Department of Transportation - Aeronautics Division (SPR 20150172)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 13,2015 SPRlS/172 Mr. John Englander General Counsel MassDOT-MBTA Legal Department 10 Park Plaza; Suite 3910 Boston, MA 02116 Dear Attorney Englander: I have received the petition of Thomas C. Frongillo, Esq. ofFish and Richardson, P.C. appealing the nonresponse of the Massachusetts Department of Transportation (MassDOT) and the Massachusetts Bay Transportation Authority (MBTA) to his January 21,2015 request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney Frongillo requested various records, numbered 1-24, in the custody ofthe MassDOT and MBTA. Having received no response, Attorney Frongillo 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. The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. MassDOT and the MBTA are advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of responses. This office was notified that a response was provided, in the form of a fee estimate. Whereas this matter was opened based upon MassDOT and the MBTA's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Golrick may appeal the substantive nature of the response within ninety (90) d ys. ee 950 C.M.R. 32.08(2). Supervisor ofRecords cc: Mr. Thomas C. Frongillo, Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre