David Bixby v. Massachusetts Department of Transportation - Aeronautics Division (SPR 20160233)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April12, 2016 SPR16/233 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 David Bixby appealing the nonresponse of the Massachusetts Department of Transportation (Department) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Bixby's request is a resubmission of information requests not filled or responded to over the past year. Having received no response, Mr. Bixby 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. 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 responses were provided, dated February 3, 2016 and April 8, 2016. 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. Bixby may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determination for further information. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Nelly Diaz-Gonzalez SPR16/233 Page 2 April 12, 2016 cc: Mr. David Bixby