William E. McKeon, Jr., Esq. v. Massachusetts Department of Transportation - Office of the General Counsel (SPR 20160674)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 16, 2016 SPR16/674 Ms. Neha Dhupar Massachusetts Department of Transportation Office of the General Counsel 10 Park Plaza, Suite 3510 Boston, MA 02116 Dear Ms. Dhupar: I have received the petition of William McKeon appealing the response of the Massachusetts Department of Transportation-Highway Division (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. McKeon requested an opportunity to inspect an "Application for Permit to Access State Highway #52014- 0523" and the file associated with it. The Department provided Mr. McKeon with responsive information; however, in an email dated May 5, 2016, Mr. McKeon petitioned this office stating he did not receive the entirety of the records he requested. Previous appeal This request was the subject of a previous appeal. See SPR16/23 8 Determination of the Supervisor of Records (July 19, 2016). In my July 19 determination I ordered the Department to review Mr. McKeon Jr.'s request and provide Mr. McKeon, Jr. with a written response, prepared in a manner consistent with this order, the Public Records Law and its Access Regulations (Regulations). The Department responded to this order by electronic mail correspondence dated April1, 2016. Mr. McKeon, Jr. informed this office he seeks further action with respect to this matter and this appeal (SPR16/674) was opened as a result. Unclear if the Department provided all responsive records The Department provided Mr. McKeon with a copy of the application responsive to his request; however, Mr. McKeon explains he "not only wants to view the application but the entire file." Mr. McKeon further states that he was not "provided the chance to view the file at its office." It is important to note that the duty to comply with requests for information extends to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). It is currently unclear whether the Department possesses any additional responsive records. I understand a member on my staff contacted you about this matter and provided you a copy of Mr. McKeon's appeal petition. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Neha Dhupar SPR16/674 Page2 September 16, 2016 Order Accordingly, I will consider this administrative appeal closed with the proviso that the Department provide Mr. McKeon a written response to his request, prepared in a manner consistent with this order, the Public Records Law and its Regulations. The response must state whether any other records exist and provide Mr. McKeon the opportunity to inspect such records should they exist. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at re sec.state.ma.us. /7' u ~~ams A. Supervisor of Records cc: Mr. William McKeon