Musgrave, Shawn v. Massachusetts Bay Transportation Authority (SPR 20140201)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 29,2014 SPR14/201 Mr. Shawn Musgrave MuckRock News Dept. MR5130 P.O. Box 55819 Boston, MA 02205-5819 Dear Mr. Musgrave: I have received your petition appealing the March 21 and March 27, 2014 responses of the Massachusetts Bay Transportation Authority (MBTA) to your March 13, 2014 request for records. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(2). Specifically, you requested copies of any reports concerning the logistical and fiscal feasibility of offering late night MBTA service. On March 21 and 27th, 2014, Susan Krupanski, MBTA Assistant General Counsel and Joseph Pesaturo in Media Relations for the MBTA informed you that the MBTA has no records responsive to your request for any feasibility studies, nor does it possess any documents to support any feasibility study. Further, both Mr. Pesaturo and Attorney Krupanski explained to you that late night service is a one-year pilot program, and that the MBTA will use the data collected from the pilot program to measure the performance of the program to help make post pilot decisions on that type of service. I find that both Mr. Pesaturo and Attorney Krupanski understood your request and properly responded to it. On March 28, 2014, you appealed the MBTA's response, and stated, "[i]t stands to reason that the MBTA has prepared any number of reports that would be responsive to my request." You believe that your original request should be construed to encompass any brief or report prepared surrounding the decision-making process. In an effort to resolve your appeal, an attorney on my staff contacted the MBTA and asked that another diligent search by conducted for any records concerning the late-night service. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Shawn Musgrave SPR14/201 Page Two May 29,2014 On May 7, 2014, Gerald K. Kelley, MBTA First Assistant General Counsel provided you with one document that may be responsive to your request, and waived any applicable fees under the Public Records Law. While this document is not a report or study as you requested, the MBTA believes it may be helpful and is providing it to you anyway. Further, while you did not request emails, Attorney Kelley provided you with an estimate for search time, segregation time and copies of any email records that might be responsive. If you wish the MBTA to conduct a search for any emails concerning the late-night service pilot program, you should notify the MBTA of such and provide the estimate funds to the MBTA. This administrative appeal is closed. Supervisor of Records cc: Mr. Gerald K. Kelley, Esq. Ms. Susan M. Krupanski, Esq.