Michelle Loubert v. Massachusetts Department of Transportation (SPR 20191908)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 2, 2019 SPR19/1908 William Doyle, Esq. Massachusetts Department of Transportation 10 Park Plaza, Suite 3910 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Michelle Loubert appealing the nonresponse of the Massachusetts Department of Transportation (Department/MassDOT) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Loubert requested "a load rating report for the Division street Bridge in Great Barrington, MA" and "[a ]ny communication between MassDOT and Great Barrington regarding the closing of the bridge." 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 Depmiment has not provided Ms. Loube1i a response to her request for records. Order Accordingly, the Department is ordered to provide Ms. Loubert with aresponse to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations without delay. 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. ~~ Rebecca S. Murray Supervisor of Records cc: Michelle Loubert 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