Joseph Viglione v. Massachusetts Department of Transportation (SPR 20190825)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 8, 2019 SPR19/825 William J. Doyle, Esq. Massachusetts Department of Transportation 10 Park Plaza, Suite 3510 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Joseph Viglione appealing the response of the Massachusetts Department of Transportation (MassDOT) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Viglione requested: 1. All applications for the 2018 Intercity Bus Service to Outer and Lower Cape Cod Section 5311(f) grants; and 2. All correspondence between MassDOT and Thomas Cahir, and/or the Cape Cod Regional Transit Authority (CCRT A), regarding the 2018 Intercity Bus Service to Outer and Lower Cape Cod Section 531 l(f) grants including but not limited to emails, notes, or memorandums regarding phone conversations and U.S. Mail. MassDOT responded, "[p] lease be advised that the public records, or categories of public records, subject to [Mr. Viglione's] request are not within the possession, custody, or control of MassDOT. The Massachusetts Bay Transportation Authority (MBTA), however, appears to be the correct agency for this request, you may make a public records request to them here." MassDOT provided a link to the MBTA's webpage for requesting public records. As a result of this response, Mr. Viglione petitioned the Supervisor of Records (Supervisor) on April 24, 2019, and this appeal was opened. In his April 24th petition, Mr. Viglione explains: "[t]he Section 5311 (f) grants are grant programs administrated by MassDot. I have attached the front page of department's 'Section 531 l(f) - Intercity Bus Application' hereto, as Exhibit B, as proof of this assertion. The MBTA has nothing whatsoever to do with this particular grant. In particular, the grant applications are administered by the MassDOT Rail and Transit Division's senior transit project manager, Abril Novos Camino, whose mailing address is MassDOT, 10 Park Plaza, Suite 4160, Boston MA." 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

William J. Doyle, Esq. SPR19/825 Page 2 May 8, 2019 In light of Mr. Viglione's April 24th claims, it is unclear whether MassDOT is in possession of the responsive records. MassDOT must explain whether the requested records existed and were destroyed, or whether the records did not initially exist. See G. L. c. 66, § 10(a )(ii), (b )(ii). If such records were destroyed, MassDOT must demonstrate whether it followed proper records retention protocol. Conclusion Accordingly, MassDOT is ordered to provide Mr. Viglione with a response to his request, in a manner consistent with this order, the Public Records Law and its Regulations within 10 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. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Joseph Viglione Julie Ciollo, Esq., MBTA