Alexandra Leake v. Massachusetts Bay Transportation Authority (SPR 20251578)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 16, 2025 SPR25/1578 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 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 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. SPR25/1578 Page 2 June 16, 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. Previous Appeal The requested records were the subject of a previous appeal. See SPR25/1157 Determination of the Supervisor of Records (April 30, 2025). In my April 30, 2025 determination, I directed the MBTA to provide Ms. Leake with a response to her request. The MBTA provided a response on May 20, 2025. Unsatisfied with the MBTA’s response, Ms. Leake petitioned this office and this appeal, SPR25/1578, was opened as a result. Subsequently, the MBTA provided a supplemental response dated June 5, 2025. Where this appeal was opened as the result of the MBTA’s May 20th response, I will now consider this administrative appeal closed. Ms. Leake may appeal the substantive nature of the MBTA’s June 5th response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Alexandra Leake