Laura Crimaldi v. Massachusetts Bay Transportation Authority (SPR 20240109)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 29, 2024 SPR24/0109 Julie A. Ciollo, Esq. Assistant General Counsel Records Access Officer Massachusetts Bay Transportation Authority 10 Park Plaza, Suite 7760 Boston, MA 02116 Dear Attorney Ciollo: I have received the petition of Laura Crimaldi, 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 July 11, 2023, Ms. Crimaldi requested the following records: [1.] Any/all monthly project schedule update submittals and reports received by the MBTA from Boston AFC 2.0 OPCO LLC (see p. 53 of Amended and Restated Project Agreement) from June 15, 2020 to present; [2.] Any/all “monthly performance reports” received by the MBTA from Boston AFC 2.0 OPCO LLC (see p. 92 of Amended and Restated Project Agreement) from June 15, 2020 to present; [3.] Any/all notices from the MBTA to proceed with Pilot Phase 1, Pilot Phase 2, and Pilot Phase 3 and any/all written notice to Boston AFC 2.0 OPCO LLC of successful completion of any/all of those pilot phases from June 15, 2020 to present; [4.] Any/all MBTA requests for payment from Boston AFC 2.0 OPCO LLC of reasonable cost and expenses and proof of payments from June 15, 2020 to present; [5.] Any/all proof of milestone invoices, payments and proof of monthly invoice payments made to Boston AFC 2.0 OPCO LLC from June 15, 2020 to present; [6.] Any/all demand bonds and associated records issued as part of the MBTA’s fare transformation project from Jan. 1, 2017 to present. On July 28, 2023, the MBTA advised that it had received payment for the requested records. Claiming to not yet have received responsive records, Ms. Crimaldi petitioned this 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 A. Ciollo, Esq. SPR24/0109 Page 2 January 29, 2024 office and this appeal, SPR24/0109, was opened as a result. It is my understanding that the MBTA intends on providing a further response to Ms. Crimaldi to address the records request. Accordingly, the MBTA is ordered to provide Ms. Crimaldi 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. Ms. Crimaldi may appeal the substantive nature of the MBTA’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Laura Crimaldi