Christopher Calnan v. Massachusetts Bay Transportation Authority (SPR 20240812)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 1, 2024 SPR24/0812 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 and appeals from Mr. Calnan. See SPR23/1828 Determination of the Supervisor of Records (August 14, 2023); SPR23/3114 Determination of the Supervisor of Records (January 11, 2024); and SPR24/0592 Determination of the Supervisor of Records (March 8, 2024). In my March 8th determination, I ordered the MBTA to clarify its claims under Exemption (c) for redacting the responsive records. Subsequently, the MBTA responded on March 13, 2024. Unsatisfied with the MBTA’s response, Mr. Calnan further 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 March 29, 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. 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. 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 A. Ciollo, Esq. SPR24/0812 Page 2 April 1, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Christopher Calnan