Mikhael El-Bayeh v. Massachusetts Department of Transportation (SPR 20242752)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 21, 2024 SPR24/2752 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 petition of Mikhael El-Bayeh appealing the response of the Massachusetts 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 August 7, 2024, Mr. El-Bayeh requested the following records: [1] Any engineering study, where said engineering study was relied on, in whole or in part, to determine the speed limit(s) established by any associated special speed regulation, where said special speed regulation was purported to come into effect on or after September 1, 2021[;] [2] Any special speed regulation, sign schedules, and regulated regulatory documentation where said special speed regulation is associated with the engineering studies identified in part 1 of this request[;] [3] Policies, procedures, regulations, guidance, memorandums, emails, text messages, communications, and any other public records as defined by G.L. c. 4, § 7, twenty-sixth, discussing interpreting, mentioning, or otherwise related to in whole or in part the deliberative process and ultimate decision to establish any speed limit, and actions taken to establish any such speed limit, under part 1/or 2 of this request. On August 16, 2024, Mr. El-Bayeh modified his request to include only those records “… flagged with ‘new or modified’ Special Speed Regulations.” 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. SPR24/2752 Page 2 October 21, 2024 Previous Petition This request was the subject of a previous fee petition. See SPR24/2367 Determination of the Supervisor of Records (August 27, 2024). In my August 27th determination, I found that MassDOT had met its burden to assess a fee for the segregation and redaction of exempt material. The parties communicated via email on August 16, 2024, August 21, 2024, August 27, 2024 and September 4, 2024. Unsatisfied with the correspondence, Mr. El-Bayeh petitioned this office and this appeal, SPR24/2752, was opened as a result. It is my understanding that MassDOT intends on providing a further response to Mr. El- Bayeh. Accordingly, MassDOT is ordered to provide Mr. El-Bayeh with said response in a manner consistent with the Public Records Law and its Regulations within 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. El-Bayeh may appeal the substantive nature of MassDOT’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Mikhael El-Bayeh