Michael Saccone v. Massachusetts Bay Transportation Authority (SPR 20212676)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 27, 2021 SPR21/2676 William J. Doyle, Esq. Records Access Officer Office of the General Counsel Massachusetts Department of Transportation 10 Park Plaza Suite 3910 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Michael Saccone of Boston 25 News 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 September 26, 2021, Mr. Saccone requested, “[a]ny and all images (photos, surveillance video, cell phone video) pertaining to the escalator incident at the Back Bay MBTA station on September 26, 2021.” The MBTA responded on October 12, 2021. Unsatisfied with the MBTA’s response, Mr. Saccone petitioned this office and this appeal, SPR21/2676, was opened as a result. Based upon a conversation between a Public Records Division staff attorney and an MBTA representative, it is my understanding the MBTA intends on providing a subsequent response to Mr. Saccone. Accordingly, the MBTA is ordered to provide Mr. Saccone with a response to his request in a manner consistent with the Public Records Law and its Access Regulations within ten (10) business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Saccone may appeal the substantive nature of the MBTA’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Michael Saccone 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