Sean Murphy v. Massachusetts Bay Transportation Authority (SPR 20232660)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 17, 2023 SPR23/2660 Julie Ciollo, Esq. Records Access Officer Assistant General Counsel Massachusetts Bay Transportation Authority 10 Park Plaza, Suite 3910 Boston, MA 02116 Dear Attorney Ciollo: I have received the petition of Sean Murphy, of the Boston Globe, 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 12, 2023, Mr. Murphy requested “copies of MBTA email from and/or to [a named individual] and from and/or to [a second named individual] between the dates June 15 and June 30, containing any of the following keywords: ‘narrow’, ‘gauge’, ‘gage’, or ‘GLX.’” This request was the subject of a previous petition from the MBTA. See SPR23/2572 Determination of the Supervisor of Records (November 3, 2023). In my November 3rd determination, I found that permission to charge for time spent segregating or redacting responsive records could not be granted. Additionally, the MBTA responded to Mr. Murphy on October 27, 2023. Unsatisfied with the MBTA’s response, Mr. Murphy appealed, and this case was opened as a result. Subsequent to the opening of this appeal, based on a telephone conversation between this office and an attorney for the MBTA on November 17, 2023, I understand that the MBTA intends to provide a supplemental response to Mr. Murphy. Accordingly, said response must be provided in a manner consistent with the Public Records Law and its regulations within ten business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. If issues remain unresolved, Mr. Murphy may appeal the substantive nature of the MBTA’s supplemental response within ninety 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 Ciollo, Esq. SPR23/2660 Page 2 November 17, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Sean Murphy