Michael Dreslinski v. Massachusetts Bay Transportation Authority (SPR 20180815)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords June 21, 2018 SPRlS/815 Julie Ciollo, Esq. Assistant General Counsel Records Access Officer Massachusetts Bay Transportation Authority 10 Park Plaza, Suite 7760 Boston, MA 02116 Dear Attorney Ciollo: I have received the petition of Michael Dreslinksi appealing the nonresponse of the Massachusetts Bay Transportation Authority (MBTA) to a request for public records. G. L. c. 66, § IOA; see also 950 C.M.R. 32.08(1). Specifically, Michael Dreslinski requested a copy of a "[p]ublic Records Request Log ... 02-01-2018 through 04-01-2018;" "all public records requests for video/surveillance image request related to the February, 2018 derailment of an MBTA Red Line subway train in/around Andrew Station area;" and "all responses to the aforementioned video/surveillance image requests, excluding records provided as responsive to said requests." Having received no response, Michael Dreslinski 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 business days of receipt of the request. G. L. c. 66, § lO(a), (b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § 1 O(b ). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Despite the intervention by a staff member of the Public Records Division, it remains unclear whether the MBTA has provided a response to the request under G. L. c. 66, § lO(b). Accordingly, the MBTA is hereby ordered to review the requests made by Mr. Dreslinski and provide a written response to Mr. Dreslinski, made in accordance with the Public Records Law, its Access Regulations and this order 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.

Julie Ciollo, Esq. SPR18/815 Page 2 June 21, 2018 Sincerely, ~ u r r ~ Supervisor of Records cc: Michael Dreslinski