Mikhael El-Bayeh v. Massachusetts Department of Transportation (SPR 20241357)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 14, 2024 SPR24/1357 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 non-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 January 22, 2024, Mr. El-Bayeh requested: [1.] Policies, procedures, regulations, guidance, memorandums, emails, text messages, communications, and any other public records…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…[;] [2.] Policies, procedures, regulations, guidance, memorandums, emails, text messages, communications, and any other public records… related to, in whole or in part, the petitioning procedure, and MassDOT’s approval or denial of such petitions…[;] [3.] Records associated with speed management group meetings[;] [4] Most recent available INRIX probe data for U.S. Route 3, without regard to the date range applicable to the first three parts of this request. Previous Petition, Reconsideration and Appeal This request was the subject of a previous petition from the Department, and a subsequent reconsideration. See SPR24/0396 Determinations of the Supervisor of Records (February 14, 2024, March 07, 2024, and April 11, 2024). The request was also the subject of a previous appeal. See SPR24/0469 Determination of the Supervisor of Records (February 27, 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. SPR24/1357 Page 2 May 14, 2024 2024). In my April 11th determination, I declined to reverse the previous determination, where I found that the Department had not demonstrated it submitted a timely petition to charge for time spent segregating or redacting responsive records. Subsequently, I learned that the Department provided responses to Mr. El-Bayeh on February 6, 2024 and May 3, 2024. Where this appeal was opened as a result of the Department’s lack of a response, I will now consider this administrative appeal closed. Mr. El- Bayeh may appeal the substantive nature of the Department’s May 3rd response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Mikhael El-Bayeh