Boston Logan Disaster and Resiliency Plan

Lucas Smolcic Larson filed this request with the Massachusetts Port Authority of Massachusetts.
Tracking #

SPR18/1644, spr18-2060

SPR18/1644

Status
Completed

Communications

From: Lucas Smolcic Larson


To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

1. A copy of the Disaster and Infrastructure Resiliency Plan (DRIP) for Boston Logan Airport prepared by the consultant group Kleinfelder and submitted to Massport, described on Kleinfelder's website (https://www.kleinfelder.com/index.cfm/resource-library/project-briefs/massport-disaster-and-infrastructure-resiliency-plan-pdf/) and in this report by Airport Improvement (https://airportimprovement.com/article/logan-intl-heeds-warnings-prepares-potential-flooding). This report was submitted to Massport in October of 2015 and addresses the threat of flooding at Boston Logan Airport.

2. A copy of the Sustainability Management Plan for Boston Logan Airport prepared by the consultant group Vanasse Hangen Brustlin and submitted to Massport in 2015, described in the Airport Improvement article above. It is designed to assist the airport as it makes facility, airfield, and roadway upgrades in the coming years.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Lucas Smolcic Larson

From:

Mr. Larson,

Attached is the Massachusetts Port Authority's response to your public records request.

Ashley K. Carvalho
Legal Counsel
Massachusetts Port Authority
One Harborside Drive, Suite 200S
East Boston, MA 02128
acarvalho@massport.com<mailto:acarvalho@massport.com>
direct dial: 617-568-3124

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The information contained in this communication, including any attachments, is confidential, is intended only for the use of the recipient(s) named above, and may be exempt from public disclosure or subject to the attorney/client or work product privileges. If the reader of this message is not an intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please delete it and destroy all copies.

From: Massachusetts Port Authority

A copy of documents responsive to the request.

From: Lucas Smolcic Larson

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Lucas Smolcic Larson

From: Lucas Smolcic Larson

To whom it may concern,

This email is to appeal the denial of access to public records by the Massachusetts Port Authority in response to a Massachusetts Public Records Law request I submitted on September 28th, 2018. Attached to this email is a copy of the written request, submitted from this email (requests@muckrock.com); the written response provided by MassPort to me on October 12, 2018 (the date on the letter reads 2017, which I assume is a typo); and a letter detailing my reason for this appeal.

Please confirm that you are in receipt of these materials and let me know if you need further information.

Best,

Lucas Smolcic Larson

From: Massachusetts Port Authority

Received, thank you.

From: Massachusetts Port Authority

A letter stating that the request appeal has been received and is being processed.

From: Massachusetts Port Authority

A letter stating that the request appeal has been succesful.

From:

Hello,

Please be aware, the Supervisor of Records has issued a determination relating to an appeal in which you were involved. This determination is attached, and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx.

If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.
Best,
Khalil Kaba
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

From:

Mr. Larson,

If you have yet to receive a response please note I have already reached to the custodian in order to help resolve any non-response issues you may be having. You do not need to appeal on this basis to ask for assistance.

In the event you do receive a response, we appreciate confirmation of such receipt.

I am writing in regards to the above mentioned matters to remind you that should you need to further appeal a response to this matter all you need do is email the Division directly at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> and note your appeal number, what you take issue with within the scope of the Public Records Law, and that you'd like new appeal to assess that issue.

Most sincerely,
Angela M. Puccini, Esq.
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law: https://www.sec.state.ma.us/pre/prepdf/guide.pdf
Review appeal determinations online: http://www.sec.state.ma.us/appealsweb/appealsstatus.aspx

From: Massachusetts Port Authority

The request has been rejected by the agency.

From:

Mr. Larson,
Attached is the Authority's response to your public records request appeal SPR18/1644.
Ashley K. Carvalho
Legal Counsel
Massachusetts Port Authority
One Harborside Drive, Suite 200S
East Boston, MA 02128
acarvalho@massport.com<mailto:acarvalho@massport.com>

[cid:image001.png@01D48E0E.355B28C0]

The information contained in this communication, including any attachments, is confidential, is intended only for the use of the recipient(s) named above, and may be exempt from public disclosure or subject to the attorney/client or work product privileges. If the reader of this message is not an intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please delete it and destroy all copies.

From: Lucas Smolcic Larson

Hello Angela and Kaba,

I'm following up on a public records request I submitted with the Massachusetts Port Authority. I appealed the agency's denial to your office, and received a letter on November 21st ordering the release of the records I requested. MassPort sent me a letter on December 7th (attached), but failed to comply with your office's finding that the records should be released. Please advise me on how I can proceed with the agency.

Thanks,

Lucas Smolcic Larson

From: Massachusetts Port Authority

Mr. Larson,

The best option would be to appeal the response you received from Massport to your office and have us review what things you find deficient. To do so please provide us with an email indicating what issues you take with their response and what you would like us to assess for you in that appeal. If you feel the response below suffices for your request for appeal please let us know.

From: Lucas Smolcic Larson

Angela,

Thanks for getting back to me. This email will serve as my appeal of MassPort's second denial (12/7/18) of my public requests request, originally submitted on September 28, 2018. I am attaching my initial appeal letter submitted to your office, your office's determination of a successful appeal, and MassPort's second denial letter.

MassPort has failed to comply with the Supervisor of Records' order to release redacted copies of the documents I requested, within the time frame required. In their second denial, it re-asserts its claims that the document I requested is "Sensitive Security Information" (SSI) pursuant to 49 CFR ยงยง 1520.5. The agency has still not explained why the document (a study of Boston Logan Airport's vulnerability to the effects of climate change--not terrorist attacks) cannot be released in a redacted format. Essentially, it has asserted the same exemptions to disclosure it provided in its first denial, without specifically addressing this point. I find this action by the agency to be in clear contempt of the spirit of the Mass. Public Records Law, which favors public transparency in the absence of substantiated reasons to the contrary.

I request that the Supervisor of Records move to compel the agency to release the records I have requested.

Thanks,

Lucas Smolcic Larson

From: Lucas Smolcic Larson

Just writing to confirm that my previous email was received. Please let me know what the status of my appeal is.

Thanks so much!

Lucas

From: Massachusetts Port Authority

Good afternoon,

When your December 10, 2018 email was received it was initially viewed as being sent to MassPort as opposed to this office. Your email of December 18, 2018 demonstrates you are requesting an appeal.

My apologies for the confusion!
Regards,

Patricia Rastellini, Office Manager

From:

Good Afternoon,

Please be aware, this office has received an appeal relating to your entity's response to a request for public records. Attached are further details concerning these appeals. If you have any questions or wish to provide further information relating to this matter, please contact Staff Attorney Stephen Shorey: Stephen.Shorey@sec.state.ma.us

Given that the Supervisor of Records must issue a determination within 10 business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.

Thank you,

Fredson Sossavi
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

From: Massachusetts Port Authority

Dear Records Custodian:

Please be aware, this office has received an appeal relating to your entity's response to a request for public records. Attached are further details concerning this appeal. If you have any questions or wish to provide further information relating to this matter, please contact the Public Records Division at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> or 617-727-2832. Given that the Supervisor of Records must issue a determination within 10 business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.
Best,
Steve

Stephen W. Shorey
Assistant Director
Public Records Division
Office of the Secretary of the Commonwealth
One Ashburton Place, Room 1719
Boston, MA 02108
Ph: (617) 727-2832
Fax: (617) 727-5914

From:

Hello,

Please be aware, the Supervisor of Records has issued a determination relating to an appeal in which you were involved. This determination is attached, and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx.

If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.
Best,

Fredson Sossavi
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

From: Massachusetts Port Authority

Good Morning,

This office is working with Massport to insure compliance with the order.

Sincerely,

Fredson Sossavi
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

From: Lucas Smolcic Larson

Hello!

I'm writing to follow-up on this request, since it's been a few months since your last email. I've yet to receive the documents I requested from MassPort. Could you update me on the status of the request?

Thank you!

Lucas

From: Massachusetts Port Authority

A copy of documents responsive to the request.

From:

Mr. Larson:

Attached is the response to your public records request appeal.

Ashley K. Carvalho
Senior Legal Counsel
Massachusetts Port Authority
One Harborside Drive, Suite 200S
East Boston, MA 02128
acarvalho@massport.com<mailto:acarvalho@massport.com>
direct dial: 617-568-3124

[cid:image001.png@01D4D816.C4726B20]

The information contained in this communication, including any attachments, is confidential, is intended only for the use of the recipient(s) named above, and may be exempt from public disclosure or subject to the attorney/client or work product privileges. If the reader of this message is not an intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please delete it and destroy all copies.

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