John York v. Massachusetts Department of Transportation (SPR 20232440)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 26, 2023 SPR23/2440 William J. Doyle, Esq. Records Access Officer Department of Transportation 10 Park Plaza Boston, MA 02116 Dear Attorney Doyle: I have received the petition of John York appealing the nonresponse 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 September 14, 2023, Mr. York requested “... copies of any documents or materials presented by MassDOT, MassDOT staff or MassDOT contractors at the September 8, 2023, meeting of the Cape and Island Municipal Leaders Association (CIMLA) or used by MassDOT, MassDOT staff or MassDOT contractors during MassDOT’s presentation at that meeting, including but not limited to handouts provided at the meeting and text, visual or graphical images displayed, electronically or otherwise, at the meeting.” Claiming to not yet have received responsive records, Mr. York petitioned this office and this appeal, SPR23/2440, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether MassDOT has provided a response. Accordingly, MassDOT is ordered to provide Mr. York 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 the response to this office at pre@sec.state.ma.us. Mr. York may appeal the substantive nature of MassDOT’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: John 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