Mikhael El-Bayeh v. Massachusetts Department of Transportation (SPR 20231486)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 10, 2023 SPR23/1486 William J. Doyle, Esq. Records Access Officer Office of the General Counsel Massachusetts Department of Transportation 10 Park Plaza, Suite 3510 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Mikhael El-Bayeh 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 March 18, 2023, Mr. El-Bayeh requested the following records: [1] Policies, procedures, regulations, guidance, memorandums, emails, text messages, communications, and any other public records as defined by G. L. c. 4, § 7 [26], discussing, interpreting, mentioning, or otherwise related to, in whole or in part, the criteria for making, amending, or rescinding a special regulation, and for determining whether the same is consistent with the public interests, as such powers are laid out in G. L. c. 90, §18, as amended by St. 2022, c. 358, §13, par. 1-4; and, [2] Policies, procedures, regulations, guidance, memorandums, emails, text messages, communications, and any other public records as defined by G. L. c. 4, § 7 [26], discussing, interpreting, mentioning, or otherwise related to, in whole or in part, the petitioning procedure, and MassDOT’s approval or denial of such petitions, as such powers are laid out in G. L. c. 90, §18, as amended by St. 2022, c. 358, §13, par. 5. Prior Petition and Appeal This request was the subject of a previous appeal. See SPR23/0798 Determination of the Supervisor of Records (May 4, 2023). This request was also the subject of a previous petition for time. See SPR23/1052 Determination of the Supervisor of Records (May 23, 2023). In my May 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. SPR23/1486 Page 2 July 10, 2023 23rd determination, I found that the Department had established good cause to permit an extension of time of 15 business days. Claiming to not yet have received responsive records, Mr. El-Bayeh petitioned this office and this appeal, SPR23/1486, 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 Mr. El- Bayeh with a response to his 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. 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, Manza Arthur Supervisor of Records cc: Mikhael El-Bayeh