Cory McAlister, Esq. v. Massachusetts Bay Transportation Authority - Transit Police Department (SPR 20160558)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 11, 2016 SPR16/558 Mr. Richard Sullivan, Superintendent Massachusetts Bay Transportation Authority Transit Police Department 240 Southampton Street Boston, MA 02118 Dear Mr. Sullivan: I have received the petition of Corey McAlister appealing the nonresponse of the Massachusetts Bay Transportation Authority-Transit Police Department (Department) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. McAlister requested records relating to a specifically identified Department police officer. Despite our letter to you dated July 28, 2016 acknowledging the opening of this appeal and communication from a member of my staff, no response has been provided. 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, § 10(c); 950 C.M.R. 32.08(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 town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). 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, § 1O (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. 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

Mr. Richard Sullivan, Superintendent SPR16/558 Page2 August 11, 2016 conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determination for further information. Order I find the Department has failed to respond to a request for public records. Accordingly, the Department is hereby ordered to provide Mr. McAlister with a response to the request, prepared in a manner consistent with this order, the Public Records Law and its Regulations. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. cc: Mr. Corey McAlister