Mikhael El-Bayeh v. Massachusetts Department of Transportation (SPR 20190442)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 7, 2019 SPR19/442 William J. Doyle, Esq. Massachusetts Department of Transportation 10 Park Plaza; Suite 3510 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Mikhael El-Bayeh appealing the response of the Massachusetts Department of Transportation (MassDOT) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. El-Bayeh requested a copy of "any standing regulations, standards, or documents governing the form of the Massachusetts Uniform Citation as described in M.G.L. Chapter 90C Section 1 ... " In a December 17, 2018 email response, Ulysses Jacks, Esq., Senior Counsel in MassDOT's Office of the General Counsel informed Mr. El-Bayeh, "MassDOT has contacted the appropriate records holders and, after their search, have found no public records responsive to your request." As a result ofMassDOT's response, Mr. El-Bayeh petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his petition, Mr. El-Bayeh asserts, "I have reason to believe that these records exist ... These guidelines/regulations must exist as electronic citations are currently being issued by police, and such guidelines/regulations were created under the direction of the Registrar, an employee of MassDOT." To support his contention that records must exist, Mr. El-Bayeh provided this office with a paper copy of Page 4 of a 2016 Powerpoint presentation by the Executive Office of Public Safety and Security and the Department of Criminal Justice Information Services, which states, "Awaiting guidance from Registrar and Courts on citation format." After this appeal was opened, a Public Records Division staff attorney contacted you to verify whether, at the present time, MassDOT has any records responsive to Mr. El-Bayeh's request for guidelines or regulations relative to citation format. On March ?1h, you explained to this office that MassDOT does not have any records responsive to Mr. El-Bayeh's request, but you will send another response to Mr. El-Bayeh within ten (10) business days. 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

William J. Doyle, Esq. SPRI9/442 Page 2 March 7, 2019 No Records Mr. El-Bayeh is advised, under the Public Records Law, MassDOT is not required to create the requested guidelines or any record in response to a public records request. The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian ofrecords at the time of the request. See G. L. c. 4, § 7(26). Accordingly, where MassDOT has no records responsive to the request for guidelines or regulations pertaining to motor vehicle citation format, and will provide Mr. El-Bayeh a further response to confirm, I consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Mikhael El-Bayeh