David Roth v. Massachusetts Bay Transportation Authority (SPR 20242722)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 11, 2024 SPR24/2722; SPR24/2723 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 petitions of Attorney David Roth, of Roth & Roth, LLP, appealing the responses of the Massachusetts Bay Transportation Authority (MBTA) to two requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). SPR24/2722 On June 21, 2024, Charis Board, also of Roth & Roth, LLP, requested the following records: [1.] all operation manuals and guides for the operation of buses in effect for the years 2021-2024; [2.] all training materials given to the new bus drivers or similarly titled position as well as continuing training materials for already employed bus drivers who work under the MBTA for the years 2021-2024. The above request includes paper records, electronic records, interactive materials, portal materials, powerpoint and other presentations, as well as video and audio to the extent applicable. It is my understand that the MBTA has assigned “Case No.: R000622-062124” to this request. SPR24/2723 Also on June 21, 2024, Charis Board requested the following records: 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. SPR24/2722; SPR24/2723 Page 2 October 11, 2024 [1.] all operation manuals and guides for the operation of trains in effect for the years 2021-2024; [2.] all training materials given to the new train operators and conductors or similarly titled position as well as continuing training materials for already employed train operators and conductors who work under the MBTA for the years 2021-2024. The above request includes paper records, electronic records, interactive materials, portal materials, powerpoint and other presentations, as well as video and audio to the extent applicable. It is my understanding that the MBTA has assigned “Case No.: R000623-062124” to this request. The MBTA responded to both requests on July 2, 2024, denying the requests, and claiming that the responsive records are exempt from disclosure under Exemption (n) of the Public Records Law. Unsatisfied with the MBTA’s responses, Attorney Roth petitioned this office, and these appeals, SPR24/2722 and SPR24/2723, were opened as a result. Subsequent to the opening of these appeals, I learned that the MBTA provided supplemental responses to both requests by email to Charis Board and this office on October 9, 2024. As these appeals were opened based on the MBTA’s July 2nd responses, I will now consider these administrative appeals closed. If unresolved issues remain, the requestor may further appeal the substantive nature of the MBTA’s October 9th responses within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: David Roth, Esq.