Eric Wade v. Massachusetts Department of Transportation (SPR 20242931)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 8, 2024 SPR24/2931 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 Eric Wade 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 9, 2024, Mr. Wade sought information relating to requests for service on Route 24 on July 27, 2024. On August 10, 2024, Mr. Wade modified his request, seeking “… what information prompted the response of [a deceased individual] on the night of 07/27/2024 … [and] any information with regards to calls that the Mass DOT received for the area of Route 24, from Route 495 to Route 123.” Previous Appeal This request was the subject of a previous appeal. See SPR24/2468 Determination of the Supervisor of Records (September 12, 2024). In my September 12th determination, I found that MassDOT had not met its burden to withhold responsive records under Exemption (f) of the Public Records Law. MassDOT provided a response on October 22, 2024. Unsatisfied with the response, Mr. Wade petitioned this office and this appeal, SPR24/2931, was opened as a result. It is my understanding that MassDOT intends on providing a further response to Mr. Wade. Accordingly, MassDOT is ordered to provide Mr. Wade 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. Wade may appeal the substantive nature of MassDOT’s response within ninety days. See 950 C.M.R. 32.08(1). 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. SPR24/2931 Page 2 November 8, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Eric Wade