Joshua Miller v. Massachusetts Department of Transportation (SPR 20190946)

Massachusetts Public Records Appeal · Public records appeal decision · Filed 05-13-2019

ClosedAppealDecision

SPR 20190946 is a Massachusetts Public Records Law appeal filed by Joshua Miller concerning records held by Massachusetts Department of Transportation, opened 05-13-2019. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.

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Case Details

Case Number: 20190946
Case Type: Appeal
Case Subtype: Initial
Status: Closed
Requester: Joshua Miller
Custodian: Massachusetts Department of Transportation
Date Opened: 05-13-2019
Date Closed: 05-17-2019
Processing Fees Charged: 0.00
Petitions Regarding Fees: No
Time to Comply: 1 Business Day (5-20-19)
Went to Court: No

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The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

May 17, 2019 SPR19/945; SPR19/946 William J. Doyle, Esq. Records Access Officer Massachusetts Department of Transportation Ten Park Plaza, Suite 3510 Boston, MA 02116

Dear Attorney Doyle:

I have received the petitions of Joshua Miller of the Boston Globe appealing the nonresponse of the Massachusetts Department of Transportation (MassDOT) to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Miller requested “all documents created after Jan. 1, 2014 ...” concerning “higher-than-usual water levels” data in regards to three tunnels in the city of Boston (SPR19/945) as well as “visual representations created after Jan 1, 2010 ...” concerning the same subject (SPR19/946).

Claiming to not yet have received a response, Mr. Miller petitioned this office and these appeals were opened as a result.

Subsequent to the intervention by a staff member of the Public Records Division, I learned that a representative from MassDOT is working to compile the requested records and intends on providing Mr. Miller with a written response. Accordingly, MassDOT is ordered to make said response to Mr. Miller 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. Mr. Miller may appeal the substantive nature of MassDOT’s response within ninety days. See 950 C.M.R. 32.08(1).

Sincerely,

Rebecca S. Abewca Muman,