Ryan Kath v. Massachusetts Bay Transportation Authority (SPR 20212733)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 2, 2021 SPR21/2733 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 Ryan Kath of NBC10 Boston 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, Mr. Kath requested, “all available video from the Back Bay T station that shows an escalator incident where multiple people were injured on Sunday, September 26 around 6 pm.” The MBTA responded on October 12, 2021. Unsatisfied with the MBTA’s response, Mr. Kath petitioned this office and this appeal, SPR21/2733, 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. Kath. Accordingly, the MBTA is ordered to provide Mr. Kath 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. Kath 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: Ryan Kath 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