Sean Murphy v. Massachusetts Bay Transportation Authority (SPR 20232713)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 21, 2023 SPR23/2713 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, 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 13, 2023, Mr. Murphy requested “...copy of a ‘certificate’ or document by a different name that was produced by the maintenance of way department to certify, affirm, attest, proclaim or otherwise make known that the rail gauge of the Medford branch of the GLX was within maintenance standard. This certificate was produced by MOW on or before Dec. 9, 2022 and furnished to the SMRC on or before Dec. 12, 2022. In addition, I request a copy of the corresponding ‘certificate’ for the opening of the Union Square station in March 2022.” The MBTA responded on October 27, 2023. Unsatisfied with the response, Mr. Murphy petitioned this office and this appeal, SPR23/2713, was opened as a result. It is my understanding that the MBTA intends on providing a further response to Mr. Murphy to address the records request. Accordingly, the MBTA is ordered to provide Mr. Murphy with said response in a manner consistent with the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Murphy may appeal the substantive nature of the MBTA’s 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

Julio Ciollo, Esq. SPR23/2713 Page 2 November 21, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Sean Murphy