Mikhael El-Bayeh v. Massachusetts Department of Transportation (SPR 20250956)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 16, 2025 SPR25/0956 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 nonresponse 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 March 22, 2025, Mr. El-Bayeh requested the following records: [1] 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 criteria for making, amending, or rescinding a special regulation, and for determining whether the same is consistent with the public interests, as such powers are laid out in G. L. c. 90, § 18, as amended by St. 2022, c. 358, § 13, par. 1‐4, and records related to the application of such criteria, including, but not limited to, special regulations made, amended, or rescinded[;] [2] Policies, procedures, regulations, guidance, memorandums, emails, text messages, communications, and any other public records as defined by G. L. c. 4,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 petitioning procedure, and MassDOT’s approval or denial of such petitions, as such powers are laid out in G.L. c. 90, § 18, as amended by St. 2022, c. 358, § 13, par. 5, and records related to such petitions, including, but not limited to, petitions approved or denied[;] [3] Any other policies, procedures, regulations, guidance, memorandums, emails, text messages, communications, and any other public records as defined by G. L. 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. SPR25/0956 Page 2 April 16, 2025 c. 4, § 7, Twenty‐sixth regarding inquires to and correspondence with MassDOT personnel related to speed zoning. Claiming to not yet have received responsive records, Mr. El-Bayeh petitioned this office and this appeal, SPR25/0956, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Mr. El- Bayeh with a response to his request, 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. El-Bayeh 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: Mikhael El-Bayeh