Andrew Quemere v. Massachusetts Bay Transportation Authority (SPR 20230556)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 5, 2023 SPR23/0556 Julie A. Ciollo, Esq. Assistant General Counsel Records Access Officer Massachusetts Bay Transportation Authority 10 Park Plaza, Suite #7760 Boston, MA 02116 Dear Attorney Ciollo: I have received the petition of Andrew Quemere 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 August 9, 2022, Mr. Quemere requested “[a]ll internal affairs records” for two identified individuals. On March 23, 2023, the MBTA responded. Unsatisfied with the MBTA’s response, Mr. Quemere petitioned this office and this appeal, SPR23/0556, was opened as a result. Previous Petition This request was the subject of a previous fee petition. See SPR22/1925 Determination of the Supervisor of Records (August 24, 2022). In my August 24th determination, I was unable to grant permission to charge for time spent segregating or redacting responsive records given the public interest served by limiting the cost of public access to the requested records. Subsequently, I learned that the MBTA intends to provide a further response to Mr. Quemere to address the concerns in his appeal. Accordingly, the MBTA is ordered to provide Mr. Quemere with said response, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Quemere may appeal the substantive nature of the MBTA’s response within ninety (90) 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

Julie A. Ciollo, Esq. SPR23/0556 Page 2 April 5, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Andrew Quemere