John York v. Massachusetts Department of Transportation (SPR 20251613)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 16, 2025 SPR25/1613 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 John York appealing the response of the Massachusetts Department of Transportation (Department/MassDOT) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 20, 2025, Mr. York requested: [1] [A] copy of the earliest record in the possession or control of MassDOT which refers to MassDOT’s Office of Public Engagement and Outreach by its name or by its acronym OPEO. Such record might be a document, a correspondence or web based document currently or previously available online. By “earliest record” I mean the record that was created or published at the earliest date. [2] [A] copy of a document, correspondence or other record which created or established MassDOT’s Office of Public Engagement and Outreach. [3] [A] copy of a document, correspondence or other record which describes the purpose, mission, and/or responsibilities of MassDOT’s Office of Public Engagement and Outreach. [4] [A] copy of the earliest record in the possession or control of MassDOT which refers to MassDOT’s Highway Public Involvement Office by its name or by its acronym HPIO. Such record might be a document, a correspondence or web based document currently or previously available online. By “earliest record” I mean the record that was created or published at the earliest date. The Department responded on March 13, 2025. Unsatisfied with the response, Mr. York petitioned this office and this appeal, SPR25/1613, was opened as a result. 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. SPR25/1613 Page 2 June 16, 2025 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. Attorney 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 custodian must provide the responsive records. The Department’s March 13th Response In its March 13, 2025 response, the Department provided records responsive to Item 3 of the request. The Department informed Mr. York that it was searching for additional records responsive to Items 1, 2, and 4 of the request, “… and any of those responsive records will be sent to [him] as they are received[.]” Current Appeal In his June 6, 2025 petition to this office, Mr. York stated that he had received no further substantive response from the Department. G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further,

William J. Doyle, Esq. SPR25/1613 Page 3 June 16, 2025 that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Mr. York’s request was submitted on February 20, 2025, and the Department has not provided all of the requested records, I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the Department must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Department must provide the requested records on a rolling basis. Conclusion Accordingly, the Department is ordered to provide Mr. York with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations 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. York 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: John York