Jack Pirozzolo v. Massachusetts Department of Transportation - Office of the General Counsel (SPR 20180928)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 9,2018 SPR181928 Marie Breen, Esq. Office of the General Counsel Massachusetts Department of Transportation 10 Park Plaza, Suite 3 5 10 Boston, MA 02 11 6 Dear Attorney Breen: I have received the petition of Attorney Jack Pirozzolo appealing the nonresponse of the Massachusetts Department of Transportation (Department) to his request for public records. G. L. c. 66, (j 10A; see also 950 C.M.R. 32.08(1). Specifically, Attorney Pirozzolo requested "[d]ocuments sufficient to identify all new or renewed (non-temporary) permits issued by the OOA that expired on a date other than December 3 1. For any permits identified in Request 1, all documents relied upon in issuing the permits, including but not limited to the permit applications by OOA and correspondence with the applicant. Documents sufficient to identify all instances were two or more permits were intentionally lcnowingly issued for the same sign. Documents sufficient to determine whether any permit identified in response to Request lor 3 was revoked, terminated, relinquished or transferred," and finally, "[all1 revocation notices and revocation decisions issued by OOA, and all minutes or transcripts from any revocation hearing held by OOA." Having received no response, Attorney Pirozzolo petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days of receipt of the request. G. L. c. 66, (j 10(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, (j 10(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the intervention by a member of the Public Records Division staff, it remains unclear of whether a response was provided or not. Accordingly, the Department is ordered to provide Attorney Pirozzolo with a response to the request, prepared in a manner consistent with this order, the Public Records Law and its Regulations. 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. One Ashburton Place, Room 1719, Boston, Massach- usetts 02108 * (617) 727-2832. Fax: (617) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us

Marie Breen, Esq. Page 2 July 9,2018 Sincerely, w Rebecca S. Murray Supervisor of Records cc: Jack Pirozzolo, Esq.