Saklad, Don Kempner Warner v. Boston, City of - Law Department (SPR 20140374)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 6, 2014 SPR14/374 Mr. Marcus Hughes, Esq. Assistant Corporation Counsel City of Boston Law Department City Hall, Room 615 Boston, MA 02201 Dear Attorney Hughes: I have received a petition from Don Saklad appealing the nomesponse of the City of Boston Law Department to his request for public records. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Saklad requested a copy of: 1. The contract for closed captioning on webcasts of public meetings for the Boston City Council, and 2. All documentation of specifics, specifications, memoranda, agreements, outlines, arrangements et al related to "captioning" on web casts of public meetings of the Boston City Council and any other information related to the captioning and the captions. Contract for closed captioning In his written response, City Law Department Paralegal George Bahnan informed Mr. Saklad that the City has no contract responsive to his request. Mr. Bahnan suggested that Mr. Saklad contact Curtis Henderson, General Manager at Boston Neighborhood Network Television (BNNTV). An attorney in my office had a conversation with Mr. Henderson and was informed that BNNTV has no responsibility for the closed captioning service and has no contract for the closed captioning. A record holder's duty to comply with requests for information extends only to those records which exist and are in his custody. See G. L. c. 4, § 7 (26). There is no obligation to create a record in response to a public records request. G. L. c. 66, § 10(a); 32 Op. Att'y Gen. 157, 165 (May 18, 1977). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Marcus Hughes, Esq. SPR14/374 Page Two October 6, 2014 Mr. Bahnan informed Mr. Saklad that the City would respond to Mr. Saklad's Request Number Two. To date, this office has not been informed that your response was sent to Mr. Saklad. Accordingly, whereas there are no records responsive to Mr. Saklad's Request Number One, and further whereas the city has indicated it will provide any records responsive to Request Number Two, I will consider this appeal closed with the proviso that any remaining records be provided to Mr. Saklad within ten (1 0) days of this determination. If the City is planning to charge Mr. Saklad for copies ofthose records, he must receive a written, good faith estimate. Once Mr. Saklad pays the estimate, he must be provided with the records. In the event a request for reconsideration is honored by this office an acknowledgment will be provided to all parties, followed by a written determination by this office, to be provided within fifteen (15) business days. Requests for reconsideration filed more than thirty (30) days after the date of this letter will not be considered. Supervisor of Records cc: Mr. Don Saklad Mr. George Bahnan