Nathan S. Gibson v. Massachusetts Department of Transportation (SPR 20240412)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 9, 2024 SPR24/0410; SPR24/0412 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 petitions of Nathan Gibson appealing the nonresponse of the Massachusetts Department of Transportation (Department) to requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). In separate requests, Mr. Gibson requested the following on January 14, 2024: SPR24/0410: …[A]ll books, papers, maps, photographs, or other documentary materials or data, made or received by MassDOT relating to “the future projected volumes of the study area” as described in MassDOT’s email. I am also requesting all books, papers, maps, photographs, or other documentary materials or data, made or received by MassDOT relating to the “microsimulation modeling” as described in MassDOT’s email. SPR24/0412: …[A]ll books, papers, or other documentary materials or data made or received by MassDOT in connection with this meeting including the survey results, and comments submitted to MassDOT during or after the meeting related to the projects including all comments submitted to [identified email address]. Claiming to not yet have received responsive records, Mr. Gibson petitioned this office and these appeals, SPR24/0410 and SPR24/0412, were opened as a result. 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. SPR24/0410; SPR24/0412 Page 2 February 9, 2024 Despite being notified of the opening of these appeals, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Mr. Gibson with a response to his requests, 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. Gibson may appeal the 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: Nathan Gibson