Justin Grasso v. Massachusetts Department of Transportation (SPR 20242461)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 12, 2024 SPR24/2461 William J. Doyle, Esq. Records Access Officer Office of the General Counsel Massachusetts Department of Transportation 10 Park Plaza, Suite 2510 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Justin Grasso 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 May 22, 2024, Mr. Grasso requested certified payroll and other documents relating to “… Bridge Deck & Joint Repairs at Various Locations (Contract #:124914).” On June 6, 2024, the Department provided a response. Unsatisfied with the response, Mr. Wood petitioned this office and this appeal, SPR24/2461, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records 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. SPR24/2461 Page 2 September 12, 2024 custodian must provide the responsive records. The Department’s June 6th Response In its June 6, 2024 response, the Department stated that it was “… in receipt of [Mr. Grasso’s] request for public records … we will require additional time to respond to [his] request due to the need to compile and review records for responsiveness and/or exemptions to the Public Records Law. As a result, we may extend the time to respond to [his] initial request by up to an additional five (5) business days from our receipt …” Current Appeal In his August 29, 2024 petition to this office, Mr. Grasso stated, “[t]he original request was made on May 22, 2024, and last response from MassDOT was received June 6, 2024, the request remains unfulfilled.” In an email dated September 5, 2024, the Department informed this office that it intends to provide Mr. Grasso with a substantive response. Conclusion Accordingly, the Department is ordered to provide Mr. Grasso with said response in accordance with the Public Records Law, its Regulations and this order within ten 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. Grasso may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Justin Grasso Stephen Shorey, Esq.