Patricia Lawrence v. Massachusetts Bay Transportation Authority (SPR 20210497)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 3, 2021 SPR21/0497 Julie A. Ciollo, Esq. Massachusetts Bay Transportation Authority 10 Park Plaza, Suite 7760 Boston, MA 02116 Dear Attorney Ciollo: I have received the petition of Patricia Lawrence 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). On January 28, 2021, Ms. Lawrence requested “the document that describes the MBTA plan of the Newburyport layover station, along with the responsible sign off from a qualified engineer.” The MBTA responded on February 11, 2021, indicating there were no records responsive to the request. Unsatisfied with the MBTA’s response, Ms. Lawrence appealed to this office. Current Appeal In her appeal petition, Ms. Lawrence cites the MBTA’s “claim [that] they do not have documentation of a site plan approval for the layover in Newbury.” As such, she requests this office “confirm that such documentation does not exist.” Subsequent to the intervention by a staff attorney of the Public Records Division, I learned that the MBTA does not possess any records responsive to Ms. Lawrence’s request. In an email to this office on February 26, 2021, the MBTA confirmed “that [it] undertook a thorough search and did not possess any records matching what Ms. Lawrence is seeking.” Records in existence The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). 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. SPR21/0497 Page 2 March 3, 2021 Conclusion Where the MBTA confirmed that it does not possess records responsive to Ms. Lawrence’s request, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Patricia Lawrence