David Bixby v. Massachusetts Department of Transportation - Aeronautics Division (SPR 20160663)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 16, 2016 SPR16/663 Mr. Jeffrey DeCarlo Administrator MassDOT-Aeronautics Division One Harborside Drive, Suite 205N East Boston, MA 02128 Dear Mr. DeCarlo: I have received the petition of David Bixby seeking further assistance of my previous written determination regarding the Massachusetts Department of Transportation-Aeronautics Division (Division) response to a request for public records. See SPR16/301 Determination of the Supervisor of Records (May 24, 2016). Specifically, Mr. Bixby requested nine (9) categories of records regarding the Chatham Airport. The Division provided Mr. Bixby a response dated May 11, 2016. Mr. Bixby requested further assistance in this matter. In my May 24 determination I found the Division confirmed it provided all responsive records and I closed the appeal accordingly. Subsequently, Mr. Bixby informed this office he believes the Division has not provided all records responsive to her request. In accordance with the Public Records Law, a custodian is expected to use his superior knowledge of the records in his custody to assist the requester in obtaining the desired information. See 950 C.M.R. 32.05(4). In its May 11,2016 response, the Division states that it has provided Mr. Bixby with "all relevant responsive documents." The Division further states "after yet another diligent review, we have found no documents in our possession responsive to your requests 1 thru 8 and, accordingly, we no consider this particular matter closed." Mr. Bixby insists that either other documents must exist or the Division ought to be ordered to explain why such records do not exist. Conclusion Whereas the Division confirmed it provided all responsive records, I will consider this appeal closed. If Mr. Bixby is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Jeffrey DeCarlo SPR16/663 Page2 September 16, 2016 Commonwealth. See G. L. c. 66, § 1O (b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). illiams Supervisor of Records cc: Mr. David Bixby