Mikhael El-Bayeh v. Massachusetts State Police (SPR 20192441)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 19, 2019 SPR19/2441 Attorney Siobhan E. Kelly Department of Massachusetts State Police 470 Worcester Road Framingham, MA O1 702 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, § lOA; also 950 C.M.R. 32.08(1). Specifically, on June 10, 2019, Mr. El-Bayeh requested the "Standing agreements entered into with the Department of Transportation pursuant to MGL c22C, § 29 including any supporting materials referenced in such agreements." Unsatisfied with the response from the Depaiiment issued on October 24, 2019, Mr. El-Bayeh petitioned this office and this appeal was opened as a result. Previous Determination This request was the subject of a previous determination. See SPRl 9/2060 Determination of the Supervisor of Records (October 24, 2019). In the October 24, 2019 Determination, the Department was ordered to provide Mr. El-Bayeh with a response regarding the three separate records being requested. Current Appeal In an email dated November 13, 2019, Mr. El-Bayeh states the second category of the initial request for "annual service plan and budget for services" has not been fulfilled. In an email on October 24, 2019, in response to Mr. El-Bayeh's second category of the initial request, the Department indicated "[t]he requested memorandum is drafted by the Department of Transportation and any records related to the development of an annual service plan and budget for services ... can be requested from the Massachusetts Departtnent of Transpmiation." 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

Attorney Siobhan E. Kelly SPR19/2441 Page 2 December 19, 2019 Based on Mr. El-Bayeh's appeal, it is unclear whether responsive records regarding the "annual service plan and budget for services" exist. The Depaiiment must clarify this matter and provide a response as to whether the responsive records exist. Conclusion Accordingly, the Department is to provide Mr. El-Bayeh with a response in compliance with the Public Records Law and its Regulations without 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 ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Mr. Mikhael El-Bayeh