Orange Line Shutdown

Dear Ian Hunt-Isaak,
Your public records request (see below) has been automatically entered, and assigned our Reference Number R000789-081023 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:

Any and all internal policies, planning documents, internal progress updates, presentations, and communications (email, teams messages, slack messages, etc.) regarding the Orange Line shutdown that lasted August 19, 2022 to September 19, 2022. Including but not limited to:

- Responsive documents regarding the planning of the shutdown
- Responsive documents during the shutdown
- Responsive documents after the shutdown

Additionally I request any documents, presentations, or communications assessing the efficacy of the shutdown.

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,

Ian Hunt-Isaak

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

--- Please respond above this line ---

August 21, 2023
Ian Hunt-Isaak MuckRock News, DEPT MR150696 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:

Any and all internal policies, planning documents, internal progress updates, presentations, and communications (email, teams messages, slack messages, etc.) regarding the Orange Line shutdown that lasted August 19, 2022 to September 19, 2022. Including but not limited to:

- Responsive documents regarding the planning of the shutdown
- Responsive documents during the shutdown
- Responsive documents after the shutdown

Additionally I request any documents, presentations, or communications assessing the efficacy of the shutdown.

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,

Ian Hunt-Isaak

Upload documents directly: https://www.muckrock.com/
Our Case No.: R000789-081023
Dear Mr. Hunt-Isaak,
The MBTA is in receipt of your request for public records dated August 10, 2023 regarding the above-referenced matter; this request was received by our Records Access Officer on August 10, 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). Under the Public Records Law “[t]he reasonable description requirement contemplates that a requesting party will identify documents or categories of documents with sufficient particularity that government employees will be able to understand exactly what they are looking for, and then make a prompt production.” Jaideep Chawla v. Dep't of Revenue, Suffolk. Sup. No. 1784CV02087, at 2 (January 23, 2019). “Requests for documents that are articulated with very broad language that calls upon non-lawyer administrative personnel to interpret the scope of what is sought, and then make fine judgments about what documents are and are not sufficiently ‘related’ to the category of materials requested, will not satisfy this statutory standard.” As written, your request encompasses tens of thousands of pages of records, requires over 100 hours of search and compilation time, and likely over 100 hours of redaction time, given the likelihood of technical, safety and security sensitive information appearing in the responsive records. We could certainly send you a cost estimate for this work, which will be in the thousands of dollars and require weeks, if not months, to fulfill. In the alternative, please let me know if there are any specific records you are seeking, from within the incredibly broad categories identified in your request. If you are willing to limit your request to categories of records such as contracts, contract specifications, change orders, and payment records for the Orange Line "shutdown", please let me know as we may be able to fulfill a request of that magnitude at no cost.
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. 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