Mark W. Miller v. Massachusetts Bay Transportation Authority - Office of the General Counsel (SPR 20202616)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 13, 2021 SPR20/2616 Julie A. Ciollo, Esq. Assistant General Counsel/Records Access Officer Massachusetts Bay Transportation Authority Office of the General Counsel 10 Park Plaza, Suite 3510 Boston, MA 02116 Dear Attorney Ciollo: I have received the petition of Mark W. Miller, Esq. of the Law Office of Mark W. Miller, 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). Attorney Miller requested copies of records pertaining to a certain incident, specifically: 1. Any and all records, documents, correspondence, emails, photographs or videos showing any repairs to any outdoor escalator at the Forest Hills Station from October 10 to October 17, 2019; 2. All photographs, video camera footage, or visual recordings of the above referenced accident; 3. All accident reports or police reports related to the accident; 4. All escalator inspection reports for the escalator involved in the above referenced accident for the three month period prior to the accident; 5. All existing maintenance and repair records or work orders on the escalator involved in the above referenced accident for the one month period prior to the accident; 6. All recordings of any police calls, dispatches, verbal communications or conversations regarding the above referenced accident, including telephone and conversations regarding the above referenced accident, including telephone and cellular calls, text messages and any other communications by electronic means; 7. Any post-accident inspection, repair records or invoices in regard to the escalator related to the above referenced accident for the one month period subsequent to October 17, 2019; 8. Any e-mails, electronic messages, letters, memos, or other documents concerning the above referenced accident; 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

Julie A. Ciollo, Esq. SPR20/2616 Page 2 January 13, 2021 9. Any and all witness statements regarding the accident in the possession or custody of the MBTA as well as the names and addresses of any witnesses; and, 10. Any and all computer, electronic, or e-mail messages created in the first forty-eight (48) hours immediately after the above referenced accident, by and between the defendant and any agents or third parties relating to the facts, circumstances, or actual investigation of the accident as well as any computer messages which relate to this particular accident, whether generated or received. On July 13, 2020, the MBTA acknowledged receipt of the request and assigned Case Number R000328-071320 to said request for tracking purposes. However, Attorney Miller indicates that the MBTA did not respond to the request within the ten-day statutory period as required under G. L. c. 66 §10. On October 2, 2020, Attorney Miller’s office sent a second request through the MassDOT public records online portal to the MBTA. On October 5, 2020, the MBTA responded, stating, “[w]e are very sorry for the delay in responding to your records request. The MBTA conducted a thorough and exhaustive search of all possible sources of responsive records. As a result of this search, the attached records were located.” Unsatisfied with the MBTA’s October 5th response, Attorney Miller petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his December 30, 2020 petition to the Supervisor, Attorney Miller objects to only being provided with a Timesheet, MBTA accident report, and Dispatchers Log Detail. Attorney Miller asserts, “[s]aid response notably fails to provide any video or photographs of the accident, maintenance/repair records as to the subject elevator, inspection reports, and any MBTA/MassDot communications or correspondence of any kind regarding the accident which result[ed] in our client sustaining multiple and severe personal injuries.” On January 12, 2021, the MBTA informed this office that it is in the process of reviewing each of the categories of requested records, and determining whether the MBTA has any additional responsive records. It is my understanding that the MBTA will provide Attorney Miller with a further response to his request for records. Conclusion Accordingly, the MBTA is ordered to provide Attorney Miller 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.

Julie A. Ciollo, Esq. SPR20/2616 Page 3 January 13, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Mark W. Miller, Esq.