Ibarguen, Esq., Diego v. Massachusetts Bay Transportation Authority (SPR 20150305)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 8, 2015 SPRlS/305 Ms. Susan M. Krupanski, Esq. Assistant General Counsel Massachusetts Bay Transportation Authority Ten Park Plaza, Suite 3910 Boston, MA 02116 Dear Attorney Krupanski: I have received the petition of Diego Ibarguen, Esq. of Hearst Corporation, counsel to WCVB-TV, appealing the March 9, 2015 response ofthe Massachusetts Bay Transportation Authority (MBTA) to a request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, in a requested dated February 6, 2015 Kathy Curran ofWCVB-TV requested electronic data/information on MBTA Red and Green Line vehicle engine history, vehicle engine history for the MBTA commuter rail from February 6, 2014-February 6, 2015. Ms. Curran also requested electronic copies of daily reports from Keolis Commuter Services since the company began operating the commuter rail. In a response dated March 9 the MBTA provided WCVB-TV with an estimate of$3,257.20 for paper records, including time for search and segregation of the records. The response did not acknowledge that Ms. Curran had requested electronic records only. Attorney Ibarguen petitioned this office to obtain these records in electronic format as requested. The MBTA failed to meet its burden of timeliness in its response to this request. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate, a denial, or a response that there are no records responsive to the request. The MBTA is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. It has come to my attention that, subsequent to the intervention of a member of my legal staff, the MBTA has prepared a revised response to Attorney Ibarguen, dated June 30, 2015, to address the request for electronic records. This response consists of a revised fee estimate that includes fees for search time to cull the responsive records and copy them on DVD. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Susan M. Krupanski, Esq. SPR15/305 Page Two July 8, 2015 With regard to the request for electronic records on the vehicle history of all the commuter rail engines and the daily reports from Keolis, the MBTA provided these records on two (2) DVDs at no cost, as the records had been previously compiled. The letter further explains that additional data is available in response to this request, and an estimate was provided for that data. Accordingly, whereas Attorney Ibargtien's appeal is based upon the failure to provide a response to a request for electronic records, and further whereas the MBT A has provided such a response, I will consider this administrative appeal closed. Attorn. y Ibargtien may appeal the substantive nature of the June 30 response within ninety (90) dayJ See 950 C.M.R. 32.08(2). u // v_ r , Supervisor of Records cc: Mr. Diego Ibargtien, Esq.