Mikhael El-Bayeh v. Massachusetts State Police (SPR 20192060)

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

Rebecca S. Murray Supervisor of Records

October 24, 2019 SPR19/2060

Siobhan E. Kelly, Esq.

Department of Massachusetts State Police 470 Worcester Road

Framingham, MA 01702

Dear Attorney Kelly:

I have received the petition of Mikhael El-Bayeh appealing the response of the _ Department of Massachusetts State Police (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. El-Bayeh requested three categories of records:

e Most recent annual report to the Governor and Secretary of Public Safety pursuant to MGL ¢22C, § 3

e Standing agreements entered into with the Department of Transportation pursuant to MGL c22C, § 29 including any supporting materials referenced in such agreements

e Most recent “Highway Fund” patrol appropriation request submitted by the Colonel of the State Police pursuant to MGL c22C, § 17 and in accordance with MGL c29, § 3 and any supporting materials.

Claiming to not yet have received a response, Mr. El-Bayeh petitioned this office and this appeal was opened as a result.

Current Appeal

In an email to this office on October 8, 2019 Mr. El-Bayeh indicates he “submitted the attached Public Records Request to the Massachusetts State Police on 6/10/19. MSP has exceeded the 10 day statutory deadline to provide a full response. I have attached the correspondence and response to date. I am requesting that you compel MSP to provide remaining responsive records forthwith.”

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

Siobhan E. Kelly, Esq. SPR19/2060 Page 2 October 24, 2019

Subsequent to the intervention by a staff member of the Public Records Division, I learned that the Department intends on providing a response to Mr. El-Bayeh’s request regarding the first category of records and has provided a response to the second and third categories of records.

Conclusion

Accordingly, the Department is ordered to provide Mr. El-Bayeh with a response in accordance with the Public Records Law, its Regulations and this order without further delay. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. El-Bayeh may appeal the substantive nature of the Department’s response within 90 days. See 950 C.M.R. 32.08(1).

Further, this office encourages Mr. El-Bayeh and the Department to continue to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (an agency shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably).

Sincerely,

Rebecca S. Kelevca Muna

Supervisor of Records

cc; Mr, Mikhael El-Bayeh