Train 740

Dear Brian Keaney,

Your request has been received and is being processed.  Your request was received in this office on February 27, 2018 and given the reference number R000107-022718 for tracking purposes.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Thank you for using the MBTA’s Public Records Center.
Massachusetts Bay Transportation Authority

--- Please respond above this line ---



March 02, 2018
Brian Keaney DEPT MR 48426 Somerville, MA 02144
Re: Public Records Request for “To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
Copies of all the complaints, comments, and other correspondence (including notes from telephone calls) passengers have made to either the MBTA to to Keolis about train 740 (leaving Walpole for South Station at 7:40am) in the last year. I would also like copies of documents showing what actions were taken in response to those complaints.
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.
Sincerely,
Brian Keaney”
Our Case No.: R000107-022718
Dear Mr. Keaney,
The  Massachusetts Bay Transportation Authority (“MBTA”) is in receipt of your request for public records dated February 27, 2018 regarding the above-referenced matter; this request was received by our Records Access Officer on February 27, 2018.
Please be advised that after a diligent search, no responsive records were located within the MBTA. A record holder's duty to comply with requests for records extends only to those records which exist and are in its custody. G. L. c. 4, § 7(26); see also 950 C.M.R. 32.03. There is no obligation to create a record in response to a public records request. G. L. c. 66, § 1 O(a); 32 Op. Att'y Gen. 157, 165 (May 18, 1977). Complaints concerning the commuter rail are automatically forwarded to Keolis and are not maintained by the MBTA. Any responses to said complaints are generated by Keolis. To the extent that your request seeks records in the possession, custody, and/or control of Keolis, the MBTa has no such records. If you are aggrieved by this response, you have the right to appeal within 90 days to the Supervisor of Public Records, Office of the Secretary of State, One Ashburton Place, Room 1719, Boston, MA 02108. If you appeal, please provide me with a copy of your petition, in accordance with the Public Records Law, by responding to this message.
Sincerely,
Julie Ciollo Records Access Officer/ Assistant General Counsel


This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

Hi Brian,

I am in the process of reaching out to the MBTA now as to inquire as to response to the determination letter. In light of this you may wish to await appealing on this basis in the event I am able to resolve this for you. Should you require any further assistance with this matter, such as to appeal any further response when you receive it, please be sure to send an email to pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> and indicate your appeals information above, what you are taking issue with specifically and that you’d like a new appeal to assess that matter.

Most sincerely,
Angela M. Puccini, Esq.
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law: https://www.sec.state.ma.us/pre/prepdf/guide.pdf
Review appeal determinations online: http://www.sec.state.ma.us/appealsweb/appealsstatus.aspx

--- Please respond above this line ---



Dear Mr. Keaney,

In connection with SPR 18/287, I received some data that is responsive to your request and will provide you with the MBTA's supplemental response by the end of the day. Thank you for your patience.
Best,

Julie Ciollo
Records Access Officer

Attachments:
Copy_of_Train_740_Complaints_Since_3.1.17.pdf (https://massachusettsdot.mycusthelp.com/WEBAPP/_rs/DownloadItemFile.aspx?iid=kBbZauXfWmw=&fid=vz7DsLZfU2sW@@12q45hLAds06T/9ElU5Qjel2RRzlFm98=&cid=GL1E8MA3pwA=)
--- Please respond above this line ---



April 04, 2018
Brian Keaney DEPT MR 48426 Somerville, MA 02144
Re: Public Records Request for “To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
Copies of all the complaints, comments, and other correspondence (including notes from telephone calls) passengers have made to either the MBTA to to Keolis about train 740 (leaving Walpole for South Station at 7:40am) in the last year. I would also like copies of documents showing what actions were taken in response to those complaints.
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.
Sincerely,
Brian Keaney”
Our Case No.: R000107-022718
Dear Mr. Keaney,
In connection with your public records request and subsequent appeal (SPR 18/287), I attach a document listing complaints and responses concerning Franklin Line Train 0740 between March 1, 2017 and March 30, 2018. This record was compiled from data received by Keolis. No other records exists that are responsive to your request.
Thank you for your attention to this matter.
Sincerely,
Julie Ciollo Records Access Officer

Hello,

Unfortunately your email was not recognized and has not been routed accordingly.  Please be advised that if you wish to submit a new request or check on the status of an already submitted request, you should visit the Public Records Center. Description: TO: "MassDOT Public Records Center"[massachusettsdot@mycusthelp.net]CC: [pre@sec.state.ma.us]Massachusetts Bay Transportation Authority (MBTA)PRL OfficeRoom 33724 Beacon StreetBoston, MA 02133April 9, 2018This is a follow up to request number R000107-022718:Hi Julie,Thank you for this document. Part of my request was for documents showing what actions were taken in response to the complaints. For example, there are several complaints about a rude conductor. Was he ever spoken to, or were other corrective actions taken? There are complaints about there not being enough seats. Were more coaches added? Or do apologetic emails get sent to the passengers and that's the end of it?Would you please send me the documents showing what was done in response to each of these complaints? Thanks,BrianFiled via MuckRock.comE-mail (Preferred): 48426-11546882@requests.muckrock.comUpload documents directly: https://www.muckrock.com/accounts/agency_login/massachusetts-bay-transportation-authority-118/train-740-48426/?email=massachusettsdot%40mycusthelp.net&uuid-login=49470763-a5ea-4e79-bd64-a4b12673a1b7#agency-replyIs this email coming to the wrong contact? Something else wrong? Use the above link to let us know.For mailed responses, please address (see note):MuckRock NewsDEPT MR 48426411A Highland AveSomerville, MA 02144-2516PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.---On April 4, 2018:Attachments: Copy_of_Train_740_Complaints_Since_3.1.17.pdf (https://massachusettsdot.mycusthelp.com/WEBAPP/_rs/DownloadItemFile.aspx?iid=kBbZauXfWmw=&fid=vz7DsLZfU2sW@@12q45hLAds06T/9ElU5Qjel2RRzlFm98=&cid=GL1E8MA3pwA=)

This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

--- Please respond above this line ---



Dear Mr. Keaney,

Last week, I sent you all records that are responsive to your request. This is the case both for "complaints, comments and other correspondence" and "documents showing what actions were taken in response to those complaints."

Sincerely,

Julie Ciollo

--- Please respond above this line ---



Dear Mr. Keaney,
You are now seeking records that are created, maintained and in the sole possession of Keolis. As Mr. Scorey informed you, these records are not provided to the MBTA. Consequently, they are not subject to the Public Records Law via a request to the MBTA.
Sincerely,
Julie Ciollo

--- Please respond above this line ---



Dear Mr. Keaney,
If you disagree with the MBTA's position on your request for those records, you have the right to appeal within 90 days to the Supervisor of Public Records, Office of the Secretary of State, One Ashburton Place, Room 1719, Boston, MA 02108. If you appeal, please provide me with a copy of your petition, in accordance with the Public Records Law, by responding to this message. In the alternative, you have the right to seek judicial review by commencing an action in the Superior Court.
Sincerely,
Julie Ciollo

--- Please respond above this line ---



Dear Mr. Keaney,
I write in connection with the Supervisor of Records' determination in SPR 18/532. The Supervisor asked that the MBTA provide additional information regarding the relationship between the MBTA and Keolis and "must describe whether the responsive records, which pertain to complaints from passengers and the actions taken in response to those complaints, are within the scope of an agency relationship with Keolis."
There has been some discussion as to whether Keolis is an agent of the MBTA. In short, it is not. The Operating Agreement between the MBTA and Keolis states: "In the performance of its obligations under this Agreement, the Operator is an independent contractor for, and not an agent of, the MBTA." Schedule 3.9, 1.1. Therefore, no agency relationship exists between Keolis and the MBTA, such that documents created, maintained and possessed solely by Keolis are subject to the Public Records Law via a request to the MBTA.
Practically, even setting aside the absence of an agency relationship, the records you are requesting (documenting Keolis' responses to customer complaints) are not sent to the MBTA. This was confirmed by General Manager David Scorey in his April 11, 2018 email to you ("Brian, No, that would be the wrong conclusion. When we receive complaints we follow up closely and consistently and always seek to take remedial action.  What we don’t do is correspond with the T on each complaint, so a public record wouldn’t exist in the way you seem to expect."). Therefore, these records are not a "record that is made or received by a government entity or employee" and are not subject to the Public Records Law. G.L. c. 4, § 7(26).
Based on the above, the MBTA maintains that records provided to you on April 4, 2018 represent the entire body of public records that exist in response to your original request for "Copies of all the complaints, comments, and other correspondence (including notes from telephone calls) passengers have made to either the MBTA to to Keolis about train 740 (leaving Walpole for South Station at 7:40am) in the last year. I would also like copies of documents showing what actions were taken in response to those complaints."
Sincerely,
Julie Ciollo