Button, Kalie v. Massachusetts Bay Transportation Authority - Office of the General Counsel (SPR 20150730)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 4, 2015 SPRlS/730 Ms. Jean Berke, Esq. Deputy General Counsel Massachusetts Department of Transportation Ten Park Plaza, Suite 3510 Boston, MA 02116 Dear Attorney Berke: I have received the petition ofKalie E. Button appealing the nomesponse ofthe 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, Ms. Button requested copies of "public records that pertain to an agreement between the Massachusetts Registry of Motor Vehicles and Globe Direct." Having received no response, Ms. Button petitioned this office. The MassDOT provided an initial response dated June 10, 2015, but otherwise failed to meet its burden in providing a response to a request for public records. 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 ofthe request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. 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 on October 16,2015. Whereas this matter was opened based upon MassDOT' s failure to provide a written response, I will now consider this administrative appeal closed. Mr. McDonough may appeal the substantive nature of assDOT's response within ninety (90) days. See 950 C.M.R. 32.08(2). Supervisor of Records cc: Ms. Kalie E. Button OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre