Heather Carito v. Massachusetts Department of Transportation (SPR 20180303)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 23, 2018 SPRlS/303 Ulysses Jacks, Esq. Senior Counsel Massachusetts Department of Transportation Ten Park Plaza, Suite 3510 Boston, MA 02116 Dear Ms. Jones: I have received the petition of Heather Carito appealing the response of the Massachusetts Department of Transportation (Department) to her request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Carito requested "[m]emoranda, schedules, reports and written correspondence to and from Kevin Huie, PM, Barletta, and Chris Evasius, John Mclnemey, R. Merrill, and Steve McLaughlin, MassDOT, related to the Casey Arborway 'Contract Progress Schedule (Baseline, Statused, & Revised versions)' from Nov. 30, 2014, and May 1, 2015." Unsatisfied with the Department's response, Ms. Carito petitioned this office and this appeal was opened as a result. Specifically, Ms. Carito is appealing the Department's response indicating "none of the reviewed documents were responsive to her request." In its response, the Department asserted it "created a query that contained the name of the requested participants (Kevin Hale ... ) and the dates November 30, 2014 to May 1, 2015." Ms. Carito is also appealing that she requested records regarding "Kevin Huie" not "Kevin Hale." Subsequent to the intervention by a staff member of the Public Records Division, I learned that a representative from MassDOT intends on providing Ms. Carito with a supplemental response. Accordingly, MassDOT is hereby ordered to provide a response to Ms. Carito made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Carito may appeal the substantive nature of MassDOT'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

Ulysses Jacks, Esq. SPR18/303 Page2 March 23, 2017 Sincerely, ·~~ Rebecca S. Murray Supervisor of Records cc: Heather Carito