Saklad, Don Kempner Warner v. Boston, City of - City Council (SPR 20150180)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April27, 2015 SPRlS/180 Ms. Christine O'Donnell, Esq. Compliance Director & Staff Counsel Boston City Council One City Hall Square, 5th Floor Boston, MA 02201 Dear Attorney O'Donnell: I have received the petition of Don Saklad appealing the response of the Boston City Council (City Council) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Saklad requested a list ofthe names of the bordering streets of City Council District Two. You indicated in your written response that the City Council does not have a document containing a list of the bordering streets of City Council District Two. In a telephone conversation with a member of my staff, you confirmed that the City Council does not have a record responsive to Mr. Saklad's request. A custodian of records has no duty to create a record in response to a public records request. A record holders duty to comply with requests for information extends only to records that exist and are in her custody. See G. L. c. 66, § lO(a); 32 Op. Att'y Gen. 157, 165 (May 18, 1977). Whereas the City Council has no records responsive to . Saklad's request, I will consider this administrative appeal closed. n . Supervisor of Records cc: Mr. Don Saklad OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre