Powers, Justin v. Boston, City of - Law Department (SPR 20140446)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 16, 2014 SPR14/446 Ms. Catherine Lizotte, Esq. Senior Assistant Corporation Counsel City of Boston Law Department Boston City Hall, Room 615 Boston, MA 02201 Dear Attorney Lizotte: I have received a petition from Justin D. Powers, Esq. of the Committee for Public Counsel Services (CPCS) appealing the response ofthe City of Boston (City) to the request for public records from Shawn B. McElroy, an Investigator with CPCS. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(2) (explaining appeals process). Specifically, on July 30, 2014 CPCS requested that the City provide a copy of the video recordings of the intersection at Park Street and Tremont Street in Boston made on June 29, 2014 from 12:00 am to 2:00am. By email communication on July 31, 2014, you informed Mr. McElroy that the Boston Transportation Department (BTD) does have a camera in operation at that location; however the video recordings no longer exist, as they are only retained for eighteen (18) to twenty-one (21) days. Attorney Powers appealed your response and has asked this office to advise the City that it is not in compliance with the Commonwealth of Massachusetts Municipal Records Retention Schedule, 2011 Edition (Retention Schedule). In a telephone conversation with an attorney on my staff and confirmed by this determination, the City is advised that it must adhere to the Retention Schedule promulgated by the Supervisor of Records. The Boston Transportation Department camera recordings, and all audio/visual tape or digital recordings, security and surveillance tapes must be retained for one (1) month. See Retention Schedule, 01-Records in Common, Series No. 01.007. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Catherine Lizotte, Esq. SPR14/446 Page Two October 16, 2014 I find that in this case, even if the City had adhered to the one ( 1) month retention period, the City would no longer have custody of the recording at the time of CPCS' s request. CPCS requested the recording thirty-one (31) days after the video recording was created. Going forward I trust that the City will adhere to the one (1) month retention policy. Safeguards must be instituted by the City to ensure that all records are retained in accordance with both applicable law as well as the retention schedules promulgated by my office. G. L. c. 66, § 8; G. L. c. 66, § 13; G. L. c. 66, § 15. To assist the City in meeting its burden I will provide with this letter a copy of the Municipal Records Retention Manual, also available free of charge online at www.sec.state.ma.us/arc/arcrmu/rmuidx.htm. Accordingly, this appeal is closed. idiams Supervisor of Records Enclosure cc: Mr. Justin D. Powers, Esq.