Mikhael El-Bayeh v. Massachusetts Department of Transportation (SPR 20232401)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 24, 2023 SPR23/2401 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 March 31, 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. On April 2, 2023, Mr. El-Bayeh sent an email to the Department, stating, “[t]he request is hereby narrowed to records created between 10/1/2022 and 3/31/2-23, inclusive.” 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 Doyle, Esq. SPR23/2401 Page 2 October 24, 2023 Prior Appeal The requested records were the subject of a prior appeal. See SPR23/0798 Determination of the Supervisor of Records (May 4, 2023). In my May 4th determination, I ordered the Department to provide Mr. El-Bayeh with a response. On September 15, 2023, September 26, 2023 and September 28, 2023, the Department provided responsive records in three submissions to Mr. El-Bayeh via email. Indicating that he has not yet received all the records responsive to his request, Mr. El-Bayeh petitioned this office and this appeal, SPR23/2401, was opened as a result. Subsequent to the opening of the current appeal, I understand the Department intends to provide a supplemental response to Mr. El-Bayeh pertaining to his request and any additional responsive records in the Department’s possession. Conclusion Accordingly, the Department is ordered to provide Mr. El-Bayeh with said response to his request 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Mikhael El-Bayeh Stephen W. Shorey, Esq.