Michael Gordon v. Massachusetts Port Authority (SPR 20171129)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 1, 2017 SPR17/1129 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); SPR 17/690 Determination of the Supervisor of Records (June 5, 2017). This office closed SPR 17 /690 with the proviso that Massport provides Mr. Gordon a response to the request, provided in a manner consistent with the order, the Public Records Law and its Regulations. Massport responded to this order in a letter dated June 27, 2017. Mr. Gordon appealed and SPRl 7/1129 was opened. Current appeal In a previous response dated May 2, 2017 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."' In its June 27th response you explain "[t]o clarify further, the Authority is not in possession of any document or report entitled 'standard operating procedures' regarding the 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 7/1129 Page 2 September 1, 2017 retention of surveillance video." In the appeal petition, a representative of Mr. Gordon indicates "[w ]e find fault in this statement, due to the fact, it implies that the requestor possesses superior knowledge of the exact terms to use when requesting material of this nature." The appeal further notes that the requester "does not have superior knowledge of the precise phrases/titles used by Massachusetts Port Authority personnel reference to guidelines pertaining to video surveillance retention procedures. In order to specify his appeal, Mr. Gordon is requesting assistances with terminology used by Massport personnel with reference to procedures/policies regarding the documentation and retention of video surveillance." Mr. Gordon also provides categories of records that may be responsive to the request. In accordance with the Public Records Law, a custodian is expected to use his/her superior knowledge of the records in his/her custody to assist the requester in obtaining the desired information. See 950 C.M.R. 32.04(5). 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 any responsive records referenced in Mr. Gordon's appeal. 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 this matter. I understand a Public Records Division staff attorney contacted you and provided a copy of the file associated with this appeal. You indicated Massport would provide a supplemental response to Mr. Gordon. 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 within ten business days. 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. Rebecca S. Murray Supervisor of Records cc: Michael Gordon