Powers, Justin v. Massachusetts Bay Transportation Authority - Transit Police Department (SPR 20140531)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 5, 2014 SPR14/531 Mr. Kenneth Sprague Deputy Chief of Police Massachusetts Bay Transportation Authority Transit Police 240 Southampton Street Boston, MA 02118 Dear Deputy Chief Sprague: This office has received a letter from Justin D. Powers, of the Boston District and Municipal Court Office of the Committee for Public Counsel Services, appealing the response of Massachusetts Bay Transportation Authority Transit Police (MBTA Police) to his August 15 and August 20, 2014 requests for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Powers requested a copy of specifically identified video recordings taken on July 30, 2014. In an email response dated September 4, 2014, a Crime Scene Services Video Analyst for the MBTA Police instructed Mr. Powers to contact the City of Boston Police Department, as it was determined that any responsive recordings depict "a Boston Police incident." The MBTA Police response did not satisfy the timeliness requirements of the Public Records Law. The MBTA Police response was provided twenty-one (21) days after Mr. Powers' August 15 request and sixteen (16) days after Mr. Powers' August 20 request. A custodian of records has a duty to comply with a public records request as soon as it is practicable, without unreasonable delay, and always within ten (10) calendar days. G. L. c. 66, § 10 (a); 950 C.M.R. 32.05(2). The ten-day provision is a maximum, rather than a minimum period for complying with a public records request. Boston Globe Newspaper Company v. Commissioner of Education, 439 Mass. 124 (2003). Within the mandatory ten-day period, a custodian of records must use his superior knowledge of the records to identify those records that are responsive to the request, conduct a quick search if necessary in order to identify responsive records, and send a written response. The response must be either an offer to provide the requested materials or a written denial. A denial must detail the specific legal basis for withholding the requested materials, and advise a OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Deputy Chief Kenneth Sprague SPR14/531 Page Two November 5, 2014 requester of his administrative remedies. District Attorney for the Norfolk District v. Flatley, 419 Mass. 507, 577 (1995); see also 950 C.M.R. 32.08(1). The MBTA Police response also failed to state whether any responsive records exist within its custody, whether any portions of those records would be exempt from public disclosure, and whether any fees would be associated with the provision of responsive records. Accordingly, whereas the response failed to comply with the Public Records Law and its Access Regulations, the MBTA Police is hereby ordered to provide Attorney Powers with a revised response within ten (1 0) days, prepared in a manner consistent with the Public Records Law, its Access Regulations and this order. Once received, Mr. Powers may appeal the MBTA Police response within ninety (90) days. 950 C.M.R. 32.08(2). This admini rative appeal is now closed. cc: Ms. Susan M. Krupanski, Esq. Mr. Justin Powers, Esq.