David Bixby v. Massachusetts Department of Transportation - Aeronautics Division (SPR 20170097)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 25, 2017 SPR17/097 Jeffrey DeCarlo MassDOT- Aeronautics Division Logan Office Center One Harborside Dr., Suite 205N East Boston, MA 02128 Dear Mr. DeCarlo: I have received the petition of David Bixby appealing the response of the MassDOT - Aeronautics Division (Division) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Bixby requested records regarding skydiving and the Massachusetts Statewide Airport Economic Impact Study. You responded to Mr. Bixby's request stating that all responsive records have been provided to him and the Division has "no more responsive information". The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). There is a presumption that all government employees perform their duties in an honest and impartial manner. LaPointe v. License Bd. of Worcester, 389 Mass. 454, 459 (1983) see also Konover Mgt. Corp v. Planning Bd. of Auburn, 32 Mass. App. Ct. 319, 326 (1992) (presumption that public officials will perform honestly and impartially). Furthermore, it is the duty of a record custodian to use his superior knowledge of the records to assist a requester in obtaining the records 950 C.M.R. 32.05(4). Therefore, I must accept that the Division understood Mr. Bixby's request and responded to it with the best of their knowledge. 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

J ef:frey DeCarlo SPR17/097 Page 2 January 25, 2017 Order I find the Division has properly responded to a request for public records and therefore I consider this administrative appeal closed. Very truly yours, ·f?Jftwx~ Rebecca S. Murray Supervisor of Records cc: David Bixby