Debra Waller v. Massachusetts Bay Transportation Authority (SPR 20222932)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 30, 2022 SPR22/2932 Stephen W. Shorey, Esq. Senior Counsel, Public Records and Records Management Massachusetts Bay Transportation Authority 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); G. L. c. 66, § 10(d)(iv). As required by law, the MBTA furnished a copy of this petition to the requestor. G. L. c. 66, § 10(c). On August 2, 2022, Debra Waller requested: 1) The names and employers of the Newton CR Team on 7/7/22. 2) The identity of the author of [a specified] 7/7/22 email. 2) All emails sent to and from newtoncr@MBTA.com between 7/1/19 and 8/1/22. Previous Appeal This request was the subject of a previous appeal. See SPR22/2703 Determination of the Supervisor of Records (December 8, 2022). In my December 8th determination, I ordered the Massachusetts Department of Transportation to provide a further response to Ms. Waller. Subsequently, the MBTA indicated that it would respond to the request, and submitted the petition which is the subject of this determination. Petitions 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; 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. SPR22/2932 Page 2 December 30, 2022 (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. 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) shall 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). Request for Additional Time to Produce Responsive Records In its December 22, 2022 petition, the MBTA requests an extension of 10 business days and provides the following information in support of its request: In this instance, due to the need to review records for exempt and/or non‐ responsive information, the volume of requests the MBTA is currently handling, as well as staffing efforts needed to comply with these requests, an extension of time is warranted. Please note that in an email to this office and the MBTA on December 23, 2022, Ms. Waller objected to the MBTA’s request for an extension of time. Based on the MBTA’s petition, I find that in light of the capacity of the MBTA to produce the request without the extension, and efforts undertaken by the MBTA in fulfilling the current request, the MBTA has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The MBTA is granted an extension of 10 business days. Conclusion Accordingly, I find the MBTA has established good cause for a time extension of 10 business days as described above. Please note, Ms. Waller 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, §§

Stephen W. Shorey, Esq. SPR22/2932 Page 3 December 30, 2022 10(c), 10(d)(iv)(4), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Debra Waller