Carolyn Wagner v. Massachusetts Department of Transportation - Office of the General Counsel (SPR 20231654)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 1, 2023 SPR23/1654 William Doyle, Esq. Massachusetts Department of Transportation 10 Park Plaza, Suite 3510 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Carolyn Wagner appealing the nonresponse of the Massachusetts Department of Transportation (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 31, 2023, Ms. Wagner wrote: I request that you email me any and all records related to the July 6, 2022 appeal to the Secretary of State’s office # SPR/1435 that would fall within the date range of 12/1/21 through December 31, 2022. The above-mentioned letter states that the request was for, “exit interviews for all MBTA Transit Police a [sic] MBTA officers who left the department in 2021”; however, I request to be sent a copy of (1) the original request containing that information, and (2) any and all responses to that request (including any and all responsive records), made by MA DOT staff and MBTA staff to the requester. Subsequently, I learned that the records were in the possession of the Massachusetts Bay Transportation Authority (Authority). The Authority provided a response on July 21, 2023. Where this appeal was opened as a result of the Department’s lack of a written response, I will now consider this administrative appeal closed. Ms. Wagner may appeal the substantive nature of the Authority’s July 21st response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Carolyn Wagner 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