Peter Secatore v. Massachusetts Bay Transportation Authority - Office of the General Counsel (SPR 20160368)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 3, 2016 SPR16/368 Ms. Susan Krupanski, Esq. Assistant General Counsel MBTA Law Department 10 Park Plaza, Suite 3910 Boston, MA 02116 Dear Attorney Krupanski: I have received the petition of Peter Secatore of Investigative Resources, Inc. appealing the nonresponse of the Massachusetts Bay Transportation Authority (MBTA) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, in a request initially dated April 18, 2016, Mr. Secatore requested "any video footage of a [m ]otor vehicle pedestrian accident that occurred on the roadway" at a specific address. Having received no response, Mr. Secatore petitioned this office. 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 for provision of the records, or a denial. All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the intervention by a member of my staff, this office was notified that a response was provided, dated May 12, 2016. Whereas this matter was opened based upon the MBTA's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Secatore may appeal the substantive nature of the MBTA's response within ninety (90) days. See 950 C.M.R. 32.08(2). To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Susan Krupanski, Esq. SPR16/368 Page2 June 3, 2016 conduct training workshops on the Public Records Law upon r quest. Please contact my office directly at the telephone number provided in this determinatio for further information . . illiams cc: Mr. Peter Secatore Ms. Marie Breen, Esq.