Taylor Dolven v. Massachusetts Bay Transportation Authority (SPR 20212704)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 28, 2021 SPR21/2704 Stephen Shorey, Esq. Senior Counsel Massachusetts Bay Transportation Authority 10 Park Plaza, Suite 7760 Boston, MA 02116 Dear Attorney Shorey: I have received the petition of Taylor Dolven of the Boston Globe 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 27, 2021, Ms. Dolven requested the following: Video recordings of the escalator accident that occurred on Sept. 26, 2021 at the Back Bay MBTA station, injuring nine people. This could be video footage from MBTA security cameras or other cameras that captured the escalator malfunctioning. The MBTA responded on October 12, 2021, claiming to withhold responsive records pursuant to Exemptions (c) and (f) of the Public Records Law. See G. L. c. 4, § 7(26)(c), (f). Based on a phone conversation between a Public Records Division staff attorney and an attorney for the MBTA, I understand that the MBTA intends to provide a supplemental response. Accordingly, said response must be provided to Ms. Dolven in a manner consistent with the Public Records Law and its regulations within ten business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. If issues remain unresolved, Ms. Dolven may appeal the substantive nature of the MBTA’s response within ninety days. See 950 C.M.R. 32.08(1). 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

Stephen Shorey, Esq. SPR21/2704 Page 2 October 28, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Taylor Dolven