Courtney, Chris v. Massachusetts Bay Transportation Authority - Office of the General Counsel (SPR 20150588)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Shawn A. Williams Supervisor of Records

August 6, 2015 SPR15/588

Ms. Nelly Diaz-Gonzalez

Massachusetts Department of Transportation Office of the General Counsel

10 Park Plaza, Suite 3510

Boston, MA 02116

Dear Ms. Diaz-Gonzalez:

I have received the petition of Chris Courtney appealing the nonresponse of the Massachusetts Department of Transportation (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Courtney requested records regarding a specifically identified project. Having received no response, Mr. Courtney 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 August 3, 2015. Whereas this matter was opened based upon the Department’s failure to provide a written response, I will now consider this administrative appeal closed. Mr. Courtney may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(2).

upervisor of Records

ec: Mr. Chris Courtney

One Ashburton Place, Room 1719, Boston, Massachusetts 02108 - (617) 727-2832 - Fax (617) 727-5914 Wwww.sec.state.ma.us/pre