Michael Gordon v. Massachusetts Port Authority (SPR 20170690)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords June 5, 2017 SPR17/690 Ashley K. Carvalho, Esq. Legal Counsel Massachusetts Port Authority One Harborside Drive, Suite 200S East Boston, MA 02128-2909 Dear Attorney Carvalho: I have received the petition of Michael Gordon appealing the response of the Massachusetts Port Authority (Massport or Authority) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, in correspondence dated January 31, 2017 Mr. Gordon indicated "[w]hat [are] the standard operating procedures in place regarding the retention of video surveillance by Massport at Logan International Airport." Previous appeals This request was the subject of previous appeals. See SPR 17/250 Determination of the Supervisor of Records (March 2, 2017); SPR 17/323 Determination of the Supervisor of Records (March 24, 2017). This office closed SPR 17/323 with the proviso that Massport provide Mr. Gordon with a supplemental response to his request. Massport responded to this order in a letter dated May 2, 2017. Mr. Gordon appealed and SPRl 7/690 was opened. Massport's May 2nd response In its May 2nd response Massport explains "to the extent [the] Authority is in possession of recorded video surveillance, the Authority complies with the Massachusetts Statewide Record Retention Schedule Number 01-17, Series Number F4-03(a), that requires the retention of security and surveillance video tapes, 'until administrative use ceases."' Although Massport has provided information about its retention procedures, and has confirmed that Massport is in compliance with the Massachusetts Statewide Record Retention Schedule, it is unclear whether it possesses responsive records. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § lO(a)(ii). Massport must clarify One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Ashley K. Carvalho, Esq. SPRl 7/690 Page 2 June 5, 2017 this matter. I understand a Public Records Division staff attorney contacted you about this appeal. Conclusion Accordingly, I will consider this appeal closed with the proviso that Massport provide Mr. Gordon with a response to the request, provided 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. Sincerely, ~y~ Supervisor of Records cc: Michael Gordon