Kate Wieneke v. Massachusetts Department of Transportation (SPR 20222198)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 30, 2022 SPR22/2198 Stephen W. Shorey, Esq. Senior Counsel MassDOT/MBTA Office of General Counsel 10 Park Plaza, Suite 3510 Boston, MA 02116 Dear Attorney Shorey: I have received your petition on behalf of the Massachusetts Bay Transportation Authority (MBTA) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the MBTA furnished a copy of this petition to the requestor, Kate Wieneke. Id. On August 3, 2022, Ms. Wieneke requested “…all petitions for reconsideration of the June 15, 2022 FTA special directives, and all corrective action plans relating to the June 15, 2022 FTA special directives, and all corrective action plans submitted to, received, or approved by the FTA since January 1, 2018.” Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. 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 W. Shorey, Esq. SPR22/2198 Page 2 September 30, 2022 G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its petition dated September 26, 2022, the MBTA seeks “an extension of 10 business days to respond and/or produce responsive records.” The MBTA asserts that “[i]n this instance, due to the need to review records for exempt information, the volume of requests the MBTA is currently handling related to similar topics, as well as staffing efforts needed to comply with these requests, an extension of time is warranted.” Conclusion I find the MBTA has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the MBTA an extension of 10 business days to furnish copies of records responsive to Ms. Wieneke’s request. See G. L. c. 66, § 10(c). Please note, Ms. Wieneke has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, § 10(d)(iv)(4),10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Kate Wieneke