Mikhael El-Bayeh v. Massachusetts Department of Transportation (SPR 20222672)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 2, 2022 SPR22/2672 William J. Doyle, Esq. Records Access Officer Office of the General Counsel Massachusetts Department of Transportation 10 Park Plaza, Suite 3910 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Mikhael El-Bayeh appealing the response of the Massachusetts Department of Transportation (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 19, 2022, Mr. El-Bayeh requested: Emails, letters, text messages, memorandums, meeting minutes, transcripts, or any other written, recorded, or graphic material of any kind sent, received, created or otherwise in the possession, custody, or control of MassDOT, where such material contains any of the following terms: U.S. Route 3, Route 3, Rt. 3,… or any other such permutation where such reference can reasonably be determined to be related to the segment of state highway U.S. Route 3 with southern terminus at the I-95 interchange in Burlington (Exit 50 A/B) and northern terminus at the New Hampshire border in Tyngsborough. Previous appeal This request was the subject of a previous appeal. See SPR22/2411 Determination of the Supervisor of Records (November 3, 2022). On November 18, 2022, the Department responded. Unsatisfied with the Department’s response, Mr. El-Bayeh petitioned this office and this appeal, SPR22/2672, was opened as a result. Subsequently, I learned that the Department provided Mr. El-Bayeh with a further response dated November 22, 2022. Where this appeal was opened as a result of the Department’s November 18, 2022 response, I will now consider this administrative appeal closed. Mr. El-Bayeh may appeal the substantive nature of the Department’s November 22nd response within ninety (90) days. See 950 C.M.R. 32.08(1).

William J. Doyle, Esq. SPR22/2672 Page 2 December 2, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Mikhael El-Bayeh