Mikhael El-Bayeh v. Massachusetts Department of Transportation (SPR 20213377)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 6, 2022 SPR21/3377 William J. Doyle, Esq. Records Access Officer Massachusetts Department of Transportation 10 Park Plaza Boston, MA 02116 Dear Attorney Doyle: I have received your petition on behalf of the Department of Transportation (Department) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Department furnished a copy of this petition to the requestor, Mikhael El- Bayeh. Id. In a letter dated November 16, 2021, Mr. El-Bayeh requested the following: 1. Special Speed Regulation in effect on U.S. Route 3 in Burlington on August 4, 2021 2. Traffic engineering study supporting the Special Speed Regulation in effect on U.S. Route 3 in Burlington on August 4, 2021 3. MassDOT Speed Zoning Procedures in effect on August 4, 2021 4. MassHighway Speed Zoning Procedures in effect on October 31, 2005 5. MassHighway Speed Zoning Procedures in effect on March 29, 1996 6. Internal memorandums or other records pertaining to the 55 mph posted speed limit on U.S. Route 3 issued between 1995 and the date of this request 7. Any speed studies or other records created between 1995 and the date of this request reporting the speed of free-flowing traffic on U.S. Route 3, including, but not limited to, any records reporting the 85th percentile speed of free-flowing traffic on U.S. Route 3 8. February 2009 Road Safety Audit Report pertaining to U.S. Route 3. Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine 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 J. Doyle, Esq. SPR21/3377 Page 2 January 6, 2022 (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its petition dated December 30, 2021, the Department seeks an extension of 10 business days to produce records. The Department states, “[t]he attached determination asks MassDOT to clarify whether additional records exist and provide a response within 10 business days. MassDOT provided certain additional responsive records today, December 29th; however, additional time is needed to confirm whether additional records exist and produce any such records.” The Department explains, “…In this instance, due to the need to search various locations for responsive records, including boxes and potentially storage locations, as well as staffing efforts needed to comply with the many other public records requests MassDOT has received, an extension of time is warranted.” Conclusion I find the Department has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Department an extension of 10 business days to furnish copies of records responsive to Mr. El-Bayeh’s request. See G. L. c. 66, § 10(c). To the extent possible, the Department must provide responsive records on a rolling basis.

William J. Doyle, Esq. SPR21/3377 Page 3 January 6, 2022 Please note, Mr. El-Bayeh has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, § 10(d)(iv)(4),10A(c). Sincerely, Rebecca S. Murray Supervisor of Records cc: Mikhael El-Bayeh