Sean Murphy v. Massachusetts Bay Transportation Authority (SPR 20232712)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 20, 2023 SPR23/2712 Julie A. Ciollo, Esq. Assistant General Counsel Records Access Officer Massachusetts Bay Transportation Authority 10 Park Plaza, Suite 3910 Boston, MA 02116 Dear Attorney Ciollo: I have received the petition of Sean Murphy, on behalf Taylor Dolven, 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 4, 2023, Ms. Dolven requested the following records: [1.] All emails to or from [an identified individual] with the keywords “GLX” and/or “narrow gage” and/or “narrow gauge” and or “track gauge” and/or “track gage” from Sept. 25, 2023 to present[;] [2.] All text messages, iMessage, Whatsapp, Signal and other chat messages to or from the cell phone of [an identified individual] ... or any other phone) from Nov. 28, 2022 through Dec. 19, 2022 with the keywords “GLX”[;] [3.] All text messages, iMessage, Whatsapp, Signal and other chat messages to or from the cell phone of [an identified individual] ... or any other phone) from Nov. 28, 2022 through Dec. 19, 2022 with the keywords “GLX”[.] The MBTA responded on October 20, 2023. Unsatisfied with the response, Mr. Murphy petitioned this office and this appeal, SPR23/2712, was opened as a result. On November 9, 2023 the MBTA advised that Mr. Murphy modified his request to include, “...emails for only one day, Sept. 29, 2023, only, and only emails in which the keywords ‘narrow’ or ‘tight’ appear.” Subsequently, I learned that the MBTA provided a further response to Mr. Murphy on November 9, 2023. Where this appeal was opened as a result of the MBTA’s October 20th response, I will now consider this administrative appeal closed. Mr. Murphy may appeal the substantive nature of the MBTA’s November 9th 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

Julio Ciollo, Esq. SPR23/2712 Page 2 November 20, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Sean Murphy