Heather Bellow v. Massachusetts Department of Transportation (SPR 20251467)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 28, 2025 SPR25/1467 Stephen Shorey, Esq. Senior Counsel Massachusetts Department of Transportation 10 Park Plaza Boston, MA 02116 Dear Attorney Shorey: On May 23, 2025, this office received your petition on behalf of the Massachusetts Department of Transportation (Department) seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Department furnished a copy of the petition to the requestor, Heather Bellow, of The Berkshire Eagle. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On February 19, 2025, Ms. Bellow requested: Regarding the Brookside Road bridge in Great Barrington: 1) All engineering, cost estimate and any other reports about the bridge by DOT staff and/or contractors. 2) All communications between DOT staff or between DOT staff and contractors, engineers about the bridge (Project Manager [a named individual] is just one possible name to search) In her appeal petition, Ms. Bellow clarifies the following: The time period of records: 9/1/2024 through 2/19/2025. The DOT’s bridge project number is: 613481. Previous Appeal This request was the subject of a previous appeal. See SPR25/1169 Determination of the Supervisor of Records (May 9, 2025). In my May 9th determination, I found that the Department had not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b) and ordered the Department to provide an estimated date as to when it intends to provide responsive 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

Stephen Shorey, Esq. SPR25/1467 Page 2 May 28, 2025 Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its petition, the Department requests an extension of 10 business days, Conclusion The Department submitted its petition on May 23, 2025, more than twenty business days after receipt of the request. In light of the fact that the Department has not demonstrated it submitted a timely petition, an extension of time cannot be granted. 950 C.M.R. 32.06(4)(d). To the extent possible, the Department must provide responsive records on a rolling basis.

Stephen Shorey, Esq. SPR25/1467 Page 3 May 28, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Heather Bellow