Christopher Calnan v. Massachusetts Bay Transportation Authority (SPR 20233114)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 11, 2024 SPR23/3114 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 Christopher Calnan 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 July 26, 2023, Mr. Calnan requested “any and all lists of Transit Police employee exit interviews and the interviews themselves, whether redacted of sensitive personal information or not.” This request was the subject of a previous petition from the MBTA. See SPR23/1828 Determination of the Supervisor of Records (August 14, 2023). In my August 14th determination, I found that the MBTA had met its burden to assess a fee for the segregation and redaction of the responsive records. Following further correspondence between the MBTA and Mr. Calnan, the MBTA responded on November 13, 2023, providing numerous records in redacted form. Unsatisfied with the MBTA’s response, Mr. Calnan 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 January 10, 2024, I understand that the MBTA intends to provide a supplemental response to Mr. Calnan. 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. Calnan 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. SPR23/3114 Page 2 January 11, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Christopher Calnan