MNR Rail Traffic Controller, Conductor and Locomotive Engineer Certification Suspensions History

November 21, 2016

Linda Montanino
Assistant Corporate Secretary and Litigation Agent
Metro-North Commuter Railroad
Graybar Building
420 Lexington Avenue - 11th Floor
New York, New York 10170
(212) 340-2462

To Whom It May Concern:

Under the New York Freedom of Information Law, N.Y. Pub. Off. Law sec. 84 et seq., I am requesting an opportunity to inspect or obtain copies of logs and public/agency records / logs of train crew violations and discipline administered by Metro-North Commuter Railroad over the past ten years or as far back as such records are maintained. Requesting all records document (copies of all suspensions assessed, final investigation determinations or investigation/trial waivers over the past ten years or as far back as such records are maintained for any RTC or conductor and locomotive engineer certification suspensions in accordance with 49 CFR Part 240.307 (b) (2). These violations include 240.117(e)(1); 240.117(e)(2); 240.117(e)(3); 240.117(e)(3); 240.117(e)(5); 240.117(e)(6); or any other suspension pursuant to Part 240.307 (b) and enforced by the Compliance Department, General Road Foreman of Engines or Rules Department. All Personally Identifiable Information (PII) such as employee’s name, signature, identification number and job assignment number may be masked or omitted from the report and copies of the investigation trail waivers or final investigations results. Please provide a spreadsheet with the following information: Violation Date (MM, DD, YYYY), Violation Time (HH:MM), State, Milepost, Nearest Station/facility, Subdivision, Rule(s) # Violated, De-certifiable Violation (Yes or No), De-certifiable Type (Stop Signal / Stop Signal Violation; Speeding; Safe use of Train or Engine Brakes; Track Occupancy; Tampering w/Safety Devices; Rule G), Track #, Signal #, Train Car or Engine #, Investigation (Hearing, Waiver or Trial), Actual Suspension Days, Remedial Training Days, Employee Violation (1st, 2nd, 3rd or Other), Craft (Conductor, Locomotive Engineer, RTC), Railroad/Carrier (MNRR, CSX, AMTRAK, OTHER), Crew Size, Rules in Effect / Method of Operation, Employee (Railroad Years), Employee (Years in Craft).

I would like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of rail safety and compliance with Federal/Local laws and the equitable treatment and administration of discipline. The requested documents will be made available to the general public free of charge as part of the public information service at www.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. This information is not being sought for commercial purposes.

In the event that fees cannot be waived, 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 / DVD if not.

The New York Freedom of Information Law requires a response time of five business days. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
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 5 business days, as the statute requires.

Sincerely,
Steve Rogers

March 22, 2017

Linda Montanino
Records Access Officer
MTA Metro-North Railroad
Legal Department
420 Lexington Avenue – 11th Floor
New York, New York 10170
(212) 340-2462

Dear Ms. Montanino:

Thank you for your response to my request seeking logs and records of train crew violations. I understand that Metro-North’s records of 240 violations are not maintained electronically and are not organized in a manner to permit Metro-North to conduct an electronic search for the requested violations over a long period of time. Can you please attached are 240 violations for the year 2015 and 2014. If keeping all personal identifiable information would expedite this request please send as is. If not you may send once again with all personal identifiable information has been redacted. The submitted 240 violations for the year 2016 did not complete my initial request was for past ten years or as far back as such records are maintained. However, I would accept, 240 violations for the year 2013, 2014 and 2015 to satisfy my request.

I would like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of rail safety and compliance with Federal/Local laws and the equitable treatment and administration of discipline. The requested documents will be made available to the general public free of charge as part of the public information service at www.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. This information is not being sought for commercial purposes.

In the event that fees cannot be waived, 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 / DVD if not.

The New York Freedom of Information Law requires a response time of five business days. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
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 5 business days, as the statute requires.

Sincerely,
Steve Rogers

January 01, 2018

Linda Montanino
Records Access Officer
MTA Metro-North Railroad
Legal Department
420 Lexington Avenue – 11th Floor
New York, New York 10170
(212) 340-2462

Dear Ms. Montanino:

Thank you for your response to my request seeking logs and records of train crew violations. I understand that Metro-North’s records of 240 violations are not maintained electronically and are not organized in a manner to permit Metro-North to conduct an electronic search for the requested violations over a long period of time. Can you please attached are 240 violations for the year 2017. If keeping all personal identifiable information would expedite this request please send as is. If not you may send once again with all personal identifiable information has been redacted. The submitted 240 violations for the year 2017 did not complete my initial request was for past ten years or as far back as such records are maintained. However, I would accept, 240 violations for the year 2017 to satisfy my request.

I would like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of rail safety and compliance with Federal/Local laws and the equitable treatment and administration of discipline. The requested documents will be made available to the general public free of charge as part of the public information service at www.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. This information is not being sought for commercial purposes.

In the event that fees cannot be waived, 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 / DVD if not.

The New York Freedom of Information Law requires a response time of five business days. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
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 5 business days, as the statute requires.

Sincerely,
Steve Rogers