Mikhael El-Bayeh v. Department of State Police (SPR 20232942)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 20, 2023 SPR23/2942 Allison Mondello Records Access Officer Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Mikhael El-Bayeh appealing the response of the Department of State Police (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 28, 2023, Mr. El-Bayeh requested the following: [1.] Current and complete version of Massachusetts State Police Policies and Procedures as of the date of this request [2.] Current and complete version of Massachusetts State Police Rules and Regulations as of the date of this request [3.] A‐3 Concord Daily Administrative Journals for the 30‐day period preceding the date of this request [4.] Records created in connection with the use of Department issued fuel cards by Troopers assigned to A‐3 Concord, including all available details for transactions related to refueling of Department vehicles using said fuel cards, for the 30‐day period preceding the date of this request[.] The Department responded on November 20, November 30, and December 5, 2023, providing numerous responsive records and citing Exemptions (a), (c), (f), (n) and (o) of the Public Records Law for redacting the records. See G. L. c. 4, § 7(26)(a), (c), (f), (n), (o). Unsatisfied with the Department’s responses, Mr. El-Bayeh appealed, and this case was opened as a result. Subsequent to the opening of this appeal, based on an email from the Department to this office on December 19, 2023, I understand that the Department intends to provide a supplemental response to Mr. El-Bayeh. Accordingly, said response must be provided in a manner consistent with the Public Records Law and its Regulations within ten business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. If 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

Allison Mondello SPR23/2942 Page 2 December 20, 2023 issues remain unresolved, Mr. El-Bayeh may appeal the substantive nature of the Department’s supplemental response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Mikhael El-Bayeh Sean Farrell, Esq. Mary Hathaway