GLX Gauge Issues

Dear Kevin Moses,
Your public records request (see below) has been automatically entered, and assigned our Reference Number R001051-101923 for tracking purposes. Please note that your request is deemed received on the first business day after it has been entered in accordance with the Massachusetts Public Records Law; this is an automated response and does not mean it has been viewed by our department if received outside of non-business hours. To Whom It May Concern:

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

All documents (including emails, texts, and any other communications) sent on or after September 1st, 2023 concerning the gauge (distance between rails) on the Green Line Extension between Lechmere and Union Square stations and Lechmere and Medford/Tufts Stations. This includes, but is not limited to, communications with contractors and subcontractors as well as between MBTA and other government officials.

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, and is not made 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,

Kevin Moses

Upload documents directly: https://www.muckrock.com/ You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Click Here to View Your Request Thank you for using the MBTA’s Public Records Center. Massachusetts Bay Transportation Authority

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November 03, 2023
Kevin Moses MuckRock News, DEPT MR153508 Boston, MA 02115
Re: Public Records Request for “To Whom It May Concern:

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

All documents (including emails, texts, and any other communications) sent on or after September 1st, 2023 concerning the gauge (distance between rails) on the Green Line Extension between Lechmere and Union Square stations and Lechmere and Medford/Tufts Stations. This includes, but is not limited to, communications with contractors and subcontractors as well as between MBTA and other government officials.

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, and is not made 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,

Kevin Moses

Upload documents directly: https://www.muckrock.com/
Our Case No.: R001051-101923
Dear Mr. Moses,
The MBTA is in receipt of your request for public records dated October 19, 2023 regarding the above-referenced matter; this request was received by our Records Access Officer on October 19, 2023.
Due to the volume of documents that must be reviewed in order to provide you with a full response, I write to you to discuss how your request might be modified to provide for a more affordable and efficient response. See G.L. c. 66, §10(b)(vii) (a records access officer may suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). During our initial search, and in an attempt to comply with your request, it has been determined that based on your initial request the amount of records is beyond the basic purpose and intent of the public records law.  "A requester does not need absolute precision, but an agency is entitled to more than a general category of what may be thousands of documents." See The David Project, Inc. v. Boston Redevelopment Authority, 22 Mass.L.Rep. 361 (2007).  An initial review shows that there is a large volume of correspondence that could potentially be responsive to your request but will require numerous hours of search and compilation time, in addition to redaction time. Please be advised, in the case of a request for text messages, this involves a manual search of all MBTA-issued mobile devices and will require the issuance of a fee estimate. Please reply at your earliest convenience to clarify, or assist in the modification of the scope of, your request so that we may more efficiently or affordably accommodate you. For example, are there any specific senders or recipients of note or narrower categories of records, such as internal emails only? Absent an agreement to narrower terms, we anticipate that responding to this request may require a calculation and assessment of fees. We will await your response before doing any further work on this request.
Thank you for your attention to this matter.
Sincerely,
Julie Ciollo
Assistant General Counsel/
Records Access Officer

Dear Supervisor Arthur,

Please see the attached fee petition and initial response from the MBTA.
Best,

Julie Ciollo

Julie A. Ciollo (she/her)
Assistant General Counsel
Records Access Officer
617-429-6529
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November 20, 2023
Kevin Moses MuckRock News, DEPT MR153508 Boston, MA 02115
Re: Public Records Request for “To Whom It May Concern:

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

All documents (including emails, texts, and any other communications) sent on or after September 1st, 2023 concerning the gauge (distance between rails) on the Green Line Extension between Lechmere and Union Square stations and Lechmere and Medford/Tufts Stations. This includes, but is not limited to, communications with contractors and subcontractors as well as between MBTA and other government officials.

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, and is not made 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,

Kevin Moses

Upload documents directly: https://www.muckrock.com/
Our Case No.: R001051-101923
Dear Mr. Moses,
The MBTA is in receipt of your November 14th modification to "internal communications and communications to other state agencies (emails, memos, and similar documents)" sent on or after September 1st, 2023 concerning the gauge (distance between rails) on the Green Line Extension between Lechmere and Union Square stations and Lechmere and Medford/Tufts Stations.
Due to the volume of documents that must be reviewed in order to provide you with a full response, I write to you to discuss how your request might be modified to provide for a more affordable and efficient response. See G.L. c. 66, §10(b)(vii) (a records access officer may suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). During our initial search, and in an attempt to comply with your request, it has been determined that there is a large volume of material that must be compiled and reviewed in order to locate all responsive records.  "A requester does not need absolute precision, but an agency is entitled to more than a general category of what may be thousands of documents." See The David Project, Inc. v. Boston Redevelopment Authority, 22 Mass.L.Rep. 361 (2007). In addition, the MBTA anticipates spending numerous hours redacting safety and security-sensitive information from any responsive record. As you may have seen or will soon see, the MBTA submitted a fee petition to the Supervisor of Records requesting permission to charge for making those redactions. Please reply at your earliest convenience to clarify, or assist in the modification of the scope of, your request so that we may more efficiently or affordably accommodate you. Specifically, is there a smaller pool of senders and recipients, smaller date range, or targeted key words we could use to develop a narrowed but helpful pool of responsive records? Absent an agreement to narrower terms, we anticipate that responding to this request may require a calculation and assessment of fees. We will await your response before doing any further work on this request.
Thank you for your attention to this matter.
Sincerely,
Julie Ciollo
Assistant General Counsel/
Records Access Officer

Dear Records Custodian:

Please be aware, on Today, Monday, November 20, 2023, this office received your petition relating to your entity's response to a request for public records. Attached are further details concerning this petition. 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 five (5) business days of receipt of the petition, please provide any additional information to this office as soon as possible.

Very Respectfully,
Benjamin

Benjamin Chan (he/him/his)
Senior Legal Clerk
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

Good Afternoon,

Please be aware, the Supervisor of Records has issued a determination relating to a petition 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.

Thank you,
Michael Manning

Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
Michael.Manning@sec.state.ma.us<mailto:Michael.Manning@sec.state.ma.us>