Cara Di Silvio v. Massachusetts Bay Transportation Authority (SPR 20230018)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 20, 2023 SPR23/0018 Stephen Shorey, Esq. Senior Counsel MassDOT/MBTA Office of the General Counsel 10 Park Plaza, Suite 7760 Boston, MA 02116 Dear Attorney Shorey: I have received the petition of Cara Di Silvio, of Institute for Justice, appealing the response of the Massachusetts Bay Transportation Authority (MBTA) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 4, 2022, Ms. Di Silvio requested the following: [1] Audio recording of the 9-1-1 call placed by [named person] on April 11, 2021. [2] All citations and/or tickets issued by [named Officer] to [named person] following the traffic stop. [3] All police reports and all related materials produced by [named Officer] and/or [named Officer] related to the interaction between [named person] and [named Officer] and all other Transit officers on April 11, 2021. [4] All video and/or audio recorded by a body-worn camera or dashboard camera relevant to the April 11, 2021, traffic stop of [named person] by [named Officer] including any available recordings by other officers or parties present during the event. [5] Any exterior building surveillance video recorded on April 11, 2021, during the time of the traffic stop. [6] All allowable documents and communications related to the discipline and resignation of [named Officer]. [7] All allowable documents and communications related to the discipline and firing of [named Officer]. On October 21, 2022, the MBTA responded. Unsatisfied with the MBTA’s response, Ms. Di Silvio petitioned this office and this appeal, SPR23/0018, was opened as a result. Based upon a conversation between a Public Records Division staff attorney and a representative of the MBTA, it is my understanding that the MBTA intends on providing a 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

Julie A. Ciollo, Esq. SPR23/0018 Page 2 January 20, 2023 subsequent response to Ms. Di Silvio. Accordingly, the MBTA is ordered to provide Ms. Di Silvio with said response, in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Di Silvio may appeal the substantive nature of the MBTA’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Cara Di Silvio Julie A. Ciollo, Esq.