Kevin F. Flynn v. Massachusetts Bay Transportation Authority (SPR 20170946)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords July 26, 2017 SPR17/946 Julie Ciollo, Esq. Massachusetts Department of Transportation P.O. Box 55889 Boston, MA 02205 Dear Attorney Ciollo: I have received the petition of Kevin Flynn appealing the response ofthe Massachusetts Department of Transportation (Department) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Flynn requested "a police and or operators accident report for an accident that occurred on 10/20/20 14." Mr. Flynn had previously requested this search, paid the requested $20.00 search fee and ih was told by the Department it had no record in the system. In Mr. Flynn's July search request he provided "additional information which may have helped identify an accident report." I understand a staff member ofthe Public Records Division spoke with Department Attorney William Doyle and he indicated the Department would provide Mr. Flynn a response addressing his concerns. Please note that the fees must reflect the actual cost of complying with a particular request and hourly rates can only be assessed if an agency is required to devote more than four hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested. G. L. c. 66, § lO(d). Accordingly, I now consider this appeal closed with the proviso that the Department provides Mr. Flynn with a response without delay. 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 pre@sec.state.ma.us. Mr. Flynn may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). 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

Julie Ciollo, Esq. SPR17/946 Page 2 July 26, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Kevin F. Flynn