Frank L. Bigelis v. Massachusetts Bay Transportation Authority (SPR 20241348)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 16, 2024 SPR24/1348 Julie A. Ciollo, Esq. Records Access Officer Massachusetts Bay Transportation Authority 10 Park Plaza, Suite 7760 Boston, MA 02116 Dear Attorney Ciollo: I have received the petition of Frank L. Bigelis, Esq., of Hinckley Allen & Snyder, LLP., appealing the nonresponse 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 March 8, 2024, Attorney Bigelis requested 16 categories of records regarding the Green Line Extension Design Build Project. Previous Petition This request was the subject of a previous petition from the MBTA. See SPR24/0858 Determination of the Supervisor of Records (March 28, 2024). In my March 28th determination, I found that the MBTA had established good cause for a time extension of 20 business days and that the MBTA may assess a fee for segregation and redaction of the responsive records. However, I found that the MBTA’s petition seeking relief from its obligation to produce responsive records could not be granted. In an email to the MBTA on April 22, 2024, Attorney Bigelis modified the scope of his request to the following: “Time frame: 11/1/21 – 12/31/22, Email custodians: [identified individuals], Search terms: ‘narrow gauge;’ ‘narrow track;’ ‘revenue service;’ ‘56-1/2.’” Subsequently, it is my understanding that the MBTA intends to provide a response to Attorney Bigelis. Accordingly, the MBTA is ordered to provide Attorney Bigelis with said response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Attorney Bigelis 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

Julie A. Ciollo, Esq. SPR24/1348 Page 2 May 16, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Frank L. Bigelis, Esq.