MBTA Public Records Law Request

Katonio Butler filed this request with the Massachusetts Bay Transportation Authority (MBTA) of Massachusetts.

It is a clone of this request.

Tracking # 17-0787
Est. Completion None
Status
Payment Required

Communications

From: Nathanael King

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

Any correspondence, e-mail communication, memos, documents or agreements sent or received between the MBTA and/or MassDOT since January 2015 using the terms “Smiley first”, “Pogorelc”, “William Griffin”, “Joe Hanley”.

Please include all e-mails to or from recipients with e-mail addresses beginning with “Jhanley” and/or “Wgriffin”, and/or e-mail addresses ending in “@coreinvestmentsinc.com”.

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.

Sincerely,

Katonio Butler

From: Williams, Simone (DOT)

Good Afternoon Julie,
The MassDOT Department of Transportation has received another letter addressed to the MBTA.
Please look this over. I would appreciate your guidance in this matter.
Thank you in advance.
Best,

Simone J. Williams
Office of the General Counsel
Administrative Assistant
Massachusetts Department of Transportation
10 Park Plaza, Suite 3510
Boston, MA 02116

From: Jacks, Ulysses (DOT)

Katonio Butler: Please be advised that the MassDOT Access Officer does not have access to any documents relating to the Massachusetts Bay Transportation Authority (MBTA) to effect compliance with your request. Therefore, there are no documents in the possession of the MassDOT Records Access Officer that it can produce to effect compliance with your request. Please be further advised that you should direct your request for MBTA documents to the MBTA Records Access Officer and not the MassDOT Records Access Officer. Moreover, you need to clarify what precisely you are referencing in your request MBTA and/or MassDOT

From: Katonio Butler

Dear Mr. Jacks, and To Whom It May Concern:

I believe that there may be a miscommunication between the MassDOT and MBTA with respect to my records request, which is the following:

--QUOTE--
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

Any correspondence, e-mail communication, memos, documents or agreements sent or received between the MBTA and/or MassDOT since January 2015 using the terms “Smiley first”, “Pogorelc”, “William Griffin”, “Joe Hanley”.

Please include all e-mails to or from recipients with e-mail addresses beginning with “Jhanley” and/or “Wgriffin”, and/or e-mail addresses ending in “@coreinvestmentsinc.com”.

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.
--UNQUOTE--

Please reference the attached response letters to my records requests to both MassDOT and the MBTA:
1. The first attached file, which is a letter from MBTA Records Access Officer Julie A. Ciollo regarding my request case no. 17-0174, quotes my records request and indicates that 548 records had been found by the MBTA. I paid the $635 fee, and am awaiting a response from Julie A. Ciollo.

2. The second attached file, which is a letter from MassDOT Deputy General Counsel Maryellen Lyons referencing case no. 17-0623. It also quotes my records request, then indicates that 4360 emails have been found as a result of my records request. As a result, I provided more narrow records search parameters to Deputy General Counsel Lyons, which is as follows:
--QUOTE--
At the request of MassDOT (in the person of Deputy General Counsel Maryellen Lyons) in an email response dated 01 August 2017 to my Public Records Request dated 22 July 2017, my current Public Records Request to MassDOT is narrowed to the following records:

1. All MassDOT communications and documentation about “Smiley First”, “Pogorelc”, “William Griffin”, “Joe Hanley”.

2. Regarding emails, the request is for MassDOT to search its account for emails to, from, or forwarded from “Jhanley” and/or “Wgriffin” with content pertaining to "pogorelc" or "smiley first" or "Cypher" or " B St" or "West First" or "core" or "easement".
--UNQUOTE--

Please note that I have documentation indicating that MassDOT is in possession of a minimum of 4360 emails in response to my records request indicated above.
Based upon my above quoted revised request to Deputy General Counsel Lyons in response to her latest communication to me in the second attached letter, I ask that you please revert with any and all documentation in the possession of MassDOT so as to comply with my latest revised request. Thank you.

Best,
Katonio

From: Diaz-Gonzalez, Nelly (DOT)

Mr. Katonio,

The Massachusetts Department of Transportation is in receipt of your Public Records Request dated August 24, 2017.

Attached please find acknowledgment letter for your records.
Best Regards,

Nelly I. Diaz-Gonzalez
Administrative Assistant II
Massachusetts Department of Transportation
Office of the General Counsel
10 Park Plaza, Suite 3510
Boston, MA 02116

From: MuckRock

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

Any correspondence, e-mail communication, memos, documents or agreements sent or received between the MBTA and/or MassDOT since January 2015 using the terms “Smiley first”, “Pogorelc”, “William Griffin”, “Joe Hanley”.

Please include all e-mails to or from recipients with e-mail addresses beginning with “Jhanley” and/or “Wgriffin”, and/or e-mail addresses ending in “@coreinvestmentsinc.com”.

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.

Sincerely,

Katonio Butler

From: Diaz-Gonzalez, Nelly (DOT)

Mr. Butler,

I am forwarding you this email on behalf of Attorney Maryellen Lyons.

Attached please find invoice with an estimate regarding your Public Records Request dated July 14, 2017.
Best Regards,

Nelly I. Diaz-Gonzalez
Administrative Assistant II
Massachusetts Department of Transportation
Office of the General Counsel
10 Park Plaza, Suite 3510
Boston, MA 02116

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