|Submitted||April 13, 2016|
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To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
All DMs, emails, faxes, phone calls, and other submissions responding to the @MBTATransitPD's call for potential dog names, which can be found here:
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 calendar days, as the statute requires.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 13, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
Please be advised, to the best of our knowledge NO correspondence exist. All correspondence as it relates to the naming of a K9 can be easily obtained publicly on the internet via our FaceBook and/or Twitter Account. We consider the request closed. Thanks you
Transit Police Department
Boston, MA. 02118
This email/electronic message, including any attached files, is being sent by the MBTA. It is solely intended for the recipient(s) and may contain information that is proprietary, confidential, legally privileged, and/or exempt from disclosure pursuant to state and federal law. If you have received this message in error or are not the intended recipient(s), please notify the sender immediately by reply, and delete all copies of this email/electronic message and any attached files from your computer. If you are the intended recipient(s), you may use the information contained in this email/electronic message and any attached files only as authorized by the MBTA. Any unauthorized use, dissemination, or disclosure of this email/electronic message and/or its attached files is strictly prohibited.
Can you confirm, as this seems to directly contradict earlier comments that most of the submissions were received via text message and DM?
Suggestions received via our Text Line, which is set up to receive anonymous tips, do not get stored. I think you are expending an incredible amount time and energy on a non event. Mr. Spaghetti is a fictitious animal, he/she simply does NOT exist. The FB page which started the Mr.Spaghetti issue is also fictitious. The TPD has more important matters at hand like protecting our riding public and maintaining as safe a system as possible then responding to a completely made up issue. Have a good day. The TPD considers your request closed.
I'm appealing the attached response to my public public records request.
In this request, I asked for "All DMs, emails, faxes, phone calls, and other submissions responding to the @MBTATransitPD's call for potential dog names." I believe that this request clearly defined what records I was asking for, and since these materials were being tabulated, it should not be particularly burdensome. The MBTA Transit Police declined to properly process my request, instead stating that the materials were already "on the internet via our FaceBook and/or Twitter Account," while telling another news outlet that much of the material they received was privately sent. When I asked that responsive materials be searched for, they again declined, stating simply that my request was being closed.
I believe that the MBTA Transit Police has not done a proper search for records, and that their cited reasoning for not processing the request (the existence or non-existence of a dog named Mr. Spaghetti) is not a valid exemption to the public records law. Thank you for considering this appeal.
We are in receipt of your appeal below. Please provide us with headers that include date stamped correspondence as well as to and from fields in order for us to process this appeal. Let me know if I can be of further assistance. Thank you.
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02128