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Carolyn Wagner v. Massachusetts Department of Transportation (SPR 20230336)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 02-21-2023

ClosedAppealPetitioner Won

SPR 20230336 is a Massachusetts Public Records Law appeal filed by Carolyn Wagner concerning records held by Massachusetts Department of Transportation, opened 02-21-2023. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.

Case Details

Case Number
20230336
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Carolyn Wagner
Custodian
Massachusetts Department of Transportation
Date Opened
02-21-2023
Date Closed
03-01-2023
Date Request Submitted
01-25-2023

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 1, 2023 SPR23/0336 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 Carolyn Wagner appealing the nonresponse of the 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 January 25, 2023, Ms. Wagner requested “… [a]ny email or other written communications within the timeframe of June 1, 2021 through the date of this request between MassDOT and MBTA leadership, in which the MassDOT and/or the Governor and/or Governor’s Office staff permits, and discusses permitting the MBTA to rescind any and all policies regarding the Governor Baker Executive Order 595…” Claiming to not yet have received responsive records, Ms. Wagner petitioned this office and this appeal, SPR23/0336, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Ms. Wagner with a response to her request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Wagner may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). 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. SPR23/0336 Page 2 March 1, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Carolyn Wagner Stephen Shorey, Esq.