Patrick Hanley, Esq. v. Massachusetts Department of Transportation (SPR 20191851)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 23, 2019 SPR19/1851 William Doyle, Esq. Records Access Officer Massachusetts Department of Transportation 10 Park Plaza, Suite 3510 Boston, MA 02116 Dear Attorney Doyle, I have received the petition of Attorney Patrick Hanley appealing the non-response of the Massachusetts Department of Transportation (Depaiiment) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Attorney Hanley requested records pertaining to the traffic signal located at the on-ramp to Interstate Route 93 in Somerville, and records relating to the use of HAWK and OWL lights on state highways. For reference, this request is Department case number P001055-080119. Having received no response, Attorney Hanley petitioned this office and this appeal, SPR 19/1851, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within 10 business days ofreceipt of the request. G. L. c. 66, § lO(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, § lO(b ). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. As of the date of this letter, it is my understanding that the Department has not provided Attorney Hanley a response to his request for records. 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 Doyle, Esq. SPR19/1851 Page 2 September 23, 2019 Order Despite being notified of the opening of this appeal, no response has been provided. Accordingly, the Department is ordered to provide Attorney Hanley with a response to the request, provided. in a manner consistent with this order, the Public Records Law, and its Regulations within ten ( 10) business days. 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. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Attorney Patrick Hanley