Christopher Nesbitt v. Massachusetts Department of Transportation (SPR 20231837)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 17, 2023 SPR23/1837 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 Christopher Nesbitt appealing the nonresponse 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 July 19, 2023, Mr. Nesbitt requested the following records: [1.] A copy of the signed agreement for access to records and data for valley towing located in Methuen Mass. [2.] A list of all users from valley towing who are authorized to use Atlas and also which particular one is the administrator. [3.] A list of all registration inquiries made for the month of July 2023 by valley towing and who made the request as well as the time and date of each inquiry. [4.] The results of any inquiries which returned an unregistered status with any personal identification information redacted in accordance with the DPPA. [5.] A list of any and all policies pertaining to towing company use of the Atlas system. [6.] The name and email address of the following people: The Atlas program administrator. The person in charge of technical support for the Atlas program [and] the person who would be responsible for overseeing the misuse or abuse of the atlas partner program. Claiming to not yet have received responsive records, Mr. Nesbitt petitioned this office and this appeal, SPR23/1837, was opened as a result. Subsequently, I learned that the Department provided Mr. Nesbitt with a response dated August 10, 2023. Where this appeal was opened as a result of the Department’s lack of a written response, I will now consider this administrative appeal closed. Mr. Nesbitt may appeal the 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. SPR23/1837 Page 2 August 17, 2023 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: Christopher Nesbitt