The Commonwealth of Massachusetts
William Francis Galvin, Secretary of the Co!liffionwealth
Public Records DiVision
Shawn A. Williams

Supe.misor ofRe.cords

June 30, 2016
SPR16/i83

The Honorable Maura T. Healey
Attorney General for the Commonwealth of Massachusetts
One Ashburton Place, Room 2001
Boston, MA 02108
Dear Attorney General Healey:
Pursuant to G.L. c. 66, §lO(b), I am hereby notifying you of the failure of the
Massachusetts Bay Transportation Authority (MBTA) to comply with an administrative order.
See SPR16/183 Determination ofthe Supervisor of Records (June 10, 2016). G. L. c. 66, § ·
1O(b). Matthew Stout of the Boston H erald requested records related ~o a leave management
consultant's recommendations to the MBTA.
In my June 10 orderT found the MBTA failed to establish how the responsive repo·r t in its

entirety f~s within the common law attorney-client. I ordered the MBTA to provide Mr. Stout a
revised response to the request, provided in a manner consistent with the order, the Public
Records Law and its Regulations and applicable case law.
The MBTA informed Mr. Stout it maintains its position that the document is attorneyclient privileged in its entirety. To date the MBTA has provided no response to my office as
required by my June 10 order. Accordingly, I hereby refer SPRl 6/183 to your office for
enforcement.
Enclosed please find my order as well as a copy of other records associated with this
matter. I respectfully request that you review this matter and take whatever measures you deem
necessary to ensure the MBTA complies with the June 10 order.

A.;Zarns

upervisor of Records
cc: Mr. Matthew Stout

OneAshburtonPlace, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914
'www.sec.state.ma.us/pre