Andy Metzger v. Massachusetts Bay Transportation Authority (SPR 20190038)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of& cords January 22, 2019 SPR19/038 Sonia Skinner, Esq. Massachusetts Bay Transportation Authority 10 Park Plaza, Suite 7760 Boston, MA 02116 Dear Attorney Skinner: I have received the petition of Andy Metzger appealing the nomesponse of the Massachusetts Bay Transportation Authority (MBTA) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Metzger requested "any and all contracts, including amendments ... to the contract between the MBTA and Mancon, a warehouse vendor, between Jan. 9, 2017 and Dec. 26, 2018." Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within 10 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, § lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. I understand that on January 10, 2019 the MBTA informed this office that "[t]he responsive document will be sent via email to Mr. Metzger shortly." However, as of the date of this letter, it is unclear whether the MBTA has provided Mr. Metzger a response to his request for records. Accordingly, the MBTA is ordered to provide Mr. Metzger with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations without delay. 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, ~ Rebecca S. Murray Supervisor of Records cc: Andy Metzger 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