Chris Faraone v. Massachusetts Bay Transportation Authority (SPR 20241965)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 23, 2024 SPR24/1965 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 Dan Atkinson 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 April 17, 2024, Mr. Atkinson requested: ... copies of the following reports prepared by Guidehouse LLP and any subvendors for the MBTA as part of contracted work for Workforce Assessment and Hiring Plan: Draft Workforce Assessment[;] Mission Critical Service Level Gap Analysis[;] Safety Risk Assessment (Final) -- Updated safety risk assessment incorporating MBTA/FTA feedback[;] 5-year Hiring Plan (Final) as described per the Timeline and Milestones (Page 92-93) of the Contract Award for Guidehouse LLP ... Previous appeal This request was the subject of a previous appeal. See SPR24/1576 Determination of the Supervisor of Records (June 7, 2024). In my June 7th determination, I found that the MBTA did not meet its burden of specificity to withhold the records, in their entirety, under Exemption (d) of the Public Records Law. Specifically, I found that the MBTA must clarify whether the records contain any factual information that can be segregated, and establish how the records at issue are “inter-agency or intra-agency memoranda or letters,” as required by Exemption (d). Subsequently, the MBTA responded on June 25, 2024. Unsatisfied with the MBTA’s response, Mr. Atkinson petitioned this office and this appeal, SPR24/1965, was opened as a result. 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. SPR24/1965 Page 2 July 23, 2024 It is my understanding that the MBTA intends on providing a further response to Mr. Atkinson to address the records request. Accordingly, the MBTA is ordered to provide Mr. Atkinson 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. Atkinson 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: Dan Atkinson