Kyla Bennett v. Massachusetts Department of Transportation (SPR 20170036)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofRecords January 13,2016 SPR17/036 Tracy W. Klay Deputy General Counsel Massachusetts Department of Transportation 10 Park Plaza Room 7760 Boston, MA 02116 Dear Mr. Klay: I have received the petition ofKyla Bennett appealing the response 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, Ms. Bennett is appealing the response she had received from the Department on November 7, 2016. Previous Appeals and Determinations This appeal was the subject of previous appeal and determination. See SPR16/0866 Determination of the Supervisor of Records (October 20, 20 16). Per my determination on the aforementioned appeal, the Department was ordered to provide Ms. Bennett with a written response to her request. Ms. Bennett appealed the substantive nature of the Department's response, in which the Department denied Ms. Bem1ett access to the documents pursuant to Exemption (d). Exemption (d) The Department claims the responsive records may be withheld under Exemption (d). Exemption (d) provides a limited executive privilege for policy development. It applies to: " ... inter-agency or intra-agency memoranda or letters relating to policy positions being developed by the agency: but this subclause shall not apply to reasonably completed factual studies or reports on which the development of such policy positions has been or may be based. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Massachusetts Department of Transportation SPR17/036 Page 2 January 13, 2017 G. L. c. 4, §7 (26)(n) The Department indicates that they must withhold the requested records because they pertain to "unresolved and open cost estimates ... " Though the Department does cite Exemption (d) and applies it to Ms. Bennett's request, a more explicative response is needed in order to appropriately flesh out how and why Exemption (d) applies to the withholding of the entirety of the documents requested. I understand an attorney on my staff contacted you about this appeal and you indicated the Department would provide a supplemental response regarding this matter. I will now consider this administrative appeal closed with the proviso that the Department provides said response to Ms. Bennett no later than January 13, 2017. Ms. Bennett may appeal the substantive nature of the Department's response with ninety (90) days. See 950 C.M.R. 32.08(2). Sincerely, ~111U~- Rebecca S. Murray Supervisor of Records cc: Kyla Bennett