Himelfarb, Esq., David v. Massachusetts Bay Transportation Authority - Office of the General Counsel (SPR 20150575)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords August 6, 2015 SPR15/575 Mr. Ulysses Jacks, Esq. Massachusetts Department of Transportation Ten Park Plaza, Suite 4160 Boston, MA 02116 Dear Attorney Jacks: I have received the petition of David Himelfarb appealing the nomesponse of the Massachusetts Department of Transportation (Department) to his request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney Himelfarb requested Thirty-six categories of records regarding a specifically identified mall. His request was made on April 7, 2015. Having received no response, other than a simple acknowledgment, dated April29, 2015, Attorney Himelfarb 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 Department 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, dated July 15, 2015. It is noted that the response was provided nearly three (3) months after the Department's acknowledgement letter. Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed. Attorney Himelfarb may appeal the substantive ature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). Supervisor of Records cc: Mr. David Himelfarb, Esq. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre