external review of the capital delivery process at the MBTA

Mary Connaughton Pioneer Institute filed this request with the Massachusetts Bay Transportation Authority (MBTA) of Massachusetts.
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From: Mary Connaughton Pioneer Institute

To Whom It May Concern:

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

According to page 68 of this report, https://www.mass.gov/files/documents/2018/04/20/Tracker2017.pdf, MAssDOT conducted "external review of the capital delivery process at the MBTA." We request a copy of the external review report.

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.


Mary Connaughton Pioneer Institute

From: Massachusetts Bay Transportation Authority (MBTA)

Dear Mrs. Connaughton,

The  Massachusetts Bay Transportation Authority (“MBTA”) is in receipt of your request for public records dated June 14, 2019 regarding the above-referenced matter; this request was received by our Records Access Officer on June 14, 2019.
Upon inquiry, I am advised that the MBTA does not have possession, custody or control of the requested records. Under the Public Records Law, the records custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii).

Julie Ciollo
Assistant General Counsel/ Records Access Officer


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