John P. Seferiadis v. Massachusetts Bay Transportation Authority (SPR 20180147)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supewrsor of Records February 15,201 8 SPR181147 Julie Ciollo, Esq. Assistant General Counsel Massachusetts Bay Transportation Authority 10 Park Plaza, Suite 7760 Boston, MA 021 14 Dear Attorney Ciollo: I have received the petition of John R. Seferiadis appealing the response of the Massachusetts Bay Transportation Authority (MBTA) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). On December 4,2017 , Mr. Seferiadis requested a copy of records pertaining to the Civil Engineer and Structural Engineer positions for the Green Line Extension project by the Human Resources Department, specifically: 1. The name of each person selected for hire, including their resume submitted in application, education and experience history, including starting salary upon hire in these positions; 2. The name of the person andlor persons malting the decision on who to invite for a personal interview for both the job positions, including their title, MBTA salary history, education, experience and resume; 3. The name of the person and/or persons making the final hire decision to fill the job positions, including their title, MBTA salary history, education, experience and resume; 4. The total number of applications received for each position; 5. The total number of persons interviewed for each position; and 6. The total number of new employees hired by the MBTA in the last five (5) years over the age of 60. Previous appeals Previously, Mr. Seferiadis requested copies of records describing the qualifications of job applicants that were invited for interviews by the Human Resources Department at the MBTA for the civil engineer and structural engineer positions for the Green Line Extension, specifically the resumes and CVs of the interviewed applicants. The responsive resumes and CVs were the One Ashburton Place, Room 1719 , Boston, Massachusetts 02108 (61 7) 727-2832. Fax: (61 7) 727-59 14 sec.state.ma.us/pre pre@sec.state.ma.us

Julie Ciollo, Esq. Page 2 February 15, 20 18 subject of two (2) previous appeals. See 1711502 and SPR1711754 Determinations of the Supervisor of Records (Supervisor) (November 3,201 7 and January 8,201 8 ). In my November 3rdd etermination, I found that it was unclear why the information such as experience and educational and professional training of the applicants could not be provided to shed light on the applicant pool while protecting privacy interests. Accordingly, on November 3rdI found that the MBTA had not met its burden and I ordered the MBTA to provide a supplemental response. The MBTA provided a December 1" response, with which Mr. Seferiadis was dissatisfied. As a result, this office opened SPR1711754. In my January 8thd etermination for SPR1711754, I ordered the MBTA to provide this office with un-redacted copies of the records for an in camera review. In response to my January 8"' order, the MBTA provided a January 22nd response that indicated that the MBTA was in the midst of an active litigation process. Mr. Seferiadis appealed the January 22ndr esponse. In its January 22ndr esponse and in a telephone conversation with a Public Records Division staff attorney, you explained that the requested records are seminal to the litigation. The MBTA claimed that Exemption (d) allows the MBTA to deny the requested records if the MBTA is actively involved in an ongoing deliberative matter, such as the litigation process at the Massachusetts Commission Against Discrimination (MCAD). In addition, the MBTA provided this office with a copy of the complaint filed with MCAD and the federal Equal Employment Opportunity Cornmission-Housing and Urban Development. See Seferiardis v. the Massachusetts Bay Transportation Authority (MCAD Docket No. 17BEM01980; EEOCIHUD Charge No. 16C-2017-01977 (2017)). Status of tlze requester and appeals to the Supervisor The Public Records Law does not distinguish between individuals seeking public records. Mr. Seferiadis should be advised that his status as an individual seeking the records to bolster his active discrimination claim offers him no greater right of access than any other person in the public realm. See G. L. c. 66, 5 10(a) (public records are to be provided to "any person"); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Access to a record pursuant to the Public Records Law rests on the content of the record, regardless of the circumstances of the requester. Mr. Seferiadis is advised that the appeal process under the Public Records Law shall not apply to records in which an individual, or a representative of the individual, has a unique right of access to the records through statutory, regulatory, judicial or other applicable means. See 950 C.M.R. 32,08(1)(a). Therefore, where Mr. Seferiadis has a unique right of access through the statutory process at MCAD or the judicial process, I decline to opine on the records requests and appeals any further. Accordingly, this appeal and the previous appeals remain closed.

Julie Ciollo, Esq. SPR181147 Page 3 February 15,2018 If Mr. Seferiadis is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, 5 10(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: John Seferiadis