John York v. Massachusetts Department of Transportation (SPR 20232345)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 18, 2023 SPR23/2345 William J. Doyle, Esq. Records Access Officer Office of the General Counsel Department of Transportation 10 Park Plaza Boston, MA 02116 Dear Attorney Doyle: I have received the petition of John York appealing the response of the Department of Transportation (MassDOT) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 2, 2023, Mr. York requested the following records: [1] Agenda for the MassDOT Design Exception Review Committee meeting of May 25, 2023. [2] Any documents related to MassDOT Project 610542 submitted to or received by the Design Exception Review Committee. [3] Any documents related to MassDOT Project 610542 generated by the Design Exception Review Committee, including, but not limited to any decisions, conclusions or recommendations. [4] Any presentation, information packet or other documents related to Project 610542 provided to Design Exception Review Committee members. Prior Appeal The requested records were the subject of a prior appeal. See SPR23/1459 Determination of the Supervisor of Records (July 10, 2023). In my July 10th determination, I ordered MassDOT to provide a further response to Mr. York within ten business days. MassDOT responded on July 25, 2023. Unsatisfied with MassDOT’s response, Mr. York petitioned this office and this appeal, SPR23/2345, was opened as a result. It is my understanding that MassDOT intends on providing a further response to Mr. York. 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. SPR23/2345 Page 2 October 18, 2023 Accordingly, MassDOT is ordered to provide Mr. York with said response in a manner consistent with the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. York may appeal the substantive nature of MassDOT’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: John York