Joseph Viglione v. Massachusetts Bay Transportation Authority (SPR 20201221)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 4, 2020 SPR20/1221 William J. Doyle, Esq. Office of the General Counsel Massachusetts Bay Transportation Authority 10 Park Plaza; Suite 7760 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Joseph Viglione appealing the response of the Massachusetts Bay Transportation Authority (MBTA) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Viglione requested several categories of records pertaining to a certain MBTA employee, identified by employee number. Previous Appeals This request has been the subject of previous appeals. See SPR20/0258 Determination of the Supervisor of Records (April 14, 2020); SPR20/0258 Determination of the Supervisor of Records (March 18, 2020). I issued my April 14th determination on the understanding that the MBTA had provided a supplemental response to Mr. Viglione, and informed Mr. Viglione that he may appeal the substantive nature of the MBTA’s response. In an email, Mr. Viglione appeals based on the fact that the MBTA continues to withhold the name of the bus driver. Current Appeal In its April 14, 2020 response, the MBTA states that “[w]e cannot provide the name requested, in accordance with both the prior correspondence you received from the MBTA, as well as the response provided by our office.” In a February 25, 2020 email, the MBTA states that “[i]n order to protect the safety of its employee” it has “determined that it must protect her name from public disclosure,” and that “all of [the requestor’s] actions, taken together, constitute a safety threat to its employee.” In a March 25, 2020 email, the MBTA asserts that “Mr. Viglione’s aggressive and personal attacks against the MBTA employee at issue and MBTA counsel make it clear that there is no good faith public purpose to his requests. Rather, the requests are solely directed towards the intimidation and 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 Doyle, Esq. SPR20/1221 Page 2 August 4, 2020 harassment of MBTA personnel.” The MBTA additionally notes that Mr. Viglione has sought to obtain the identified employee’s home address. For the reasons articulated in the MBTA’s February 25th and March 25th emails, specifically the evidence of the requestor’s intent to harass, I decline to opine further on this matter. See 950 C.M.R. 32.08(2)(b)(2) (this office may deny an appeal if, in the opinion of the Supervisor of Records, the request is designed or intended to harass, intimidate, or assist in the commission of a crime). Sincerely, Rebecca S. Murray Supervisor of Records cc: Joseph Viglione