James P. McKenna, Esq. v. Massachusetts Department of Transportation (SPR 20221194)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 6, 2022 SPR22/1194 William J. Doyle, Esq. Department of Transportation Office of the General Counsel 10 Park Plaza, Suite 3910 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of James P. McKenna, Esq. appealing the response of the Department of Transportation (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 8, 2022, Attorney McKenna requested, “[a]ll policies, notes, decisions, memoranda, communications (including correspondence of any sort, including emails) and reports that concern whether the Registry can, may or should act to suspend a Massachusetts driver's license where a driver obtains the vacatur of a conviction but then is reconvicted of the underlying offense records.” On April 15, 2022, the Department responded. Unsatisfied with the Department’s response, Attorney McKenna petitioned this office and this appeal, SPR22/1194, was opened as a result. Based upon an email between a Public Records Division staff attorney and a Department representative, it is my understanding that the Department intends on providing a subsequent response to Attorney McKenna. Accordingly, the Department is ordered to provide Attorney McKenna with a response to his request in a manner consistent with the Public Records Law and its Access Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Attorney McKenna may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: James P. McKenna, Esq. 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