Alexandra Leake v. Massachusetts Bay Transportation Authority (SPR 20251157)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 30, 2025 SPR25/1157 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 Alexandra Leake 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 February 10, 2025, Ms. Leake requested the following: [A]ll documents discussing the policy of requiring in person interviews to recertify the eligibility of permanently disabled customers for the MBTA ride service. The records requested are not just policies, but also correspondence, notes, minutes and other documents referring to that policy, including documents discussing possible alternatives like virtual interviews or letters from a doctor. Also documents setting out statistics about such interviews, including the number of applications for recertification and the number of denials of such applications. The MBTA provided a response on February 18, 2025, acknowledging the request and advising the requestor to modify the scope of the request. On the same day, Ms. Leake agreed to modify her request as follows: [1] Minutes of the meetings of stakeholders that considered to vetted the policy of in-person assessment of Ride eligibility[;] [2] Documents referring to or constituting blank forms to be filled out by the MBTA during the in-person assessment to determine the eligibility of the prospective user of the Ride[;] [3] Documents reporting on the total number of such assessments made during the last three calendar years (January 2022-December 2024), the breakdown of those 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. SPR25/1157 Page 2 April 30, 2025 figures by certification and recertification, the number of denials of eligibility during that same period, and any breakdown of those figures for applicants with permanent disabilities[;] [4] Documents communicating the MBTA policies about rider functionality to drivers of the Ride vans, including provision for feedback from drivers as to rider functionality. Claiming to not yet have received responsive records to the February 18th modified request, Ms. Leake petitioned this office and this appeal, SPR25/1157, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the MBTA has provided a response. Accordingly, the MBTA is ordered to provide Ms. Leake with a response to her 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. Ms. Leake may appeal the substantive nature of the MBTA’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Alexandra Leake