Saklad, Don Kempner Warner v. Boston, City of - City Council (SPR 20150515)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 24, 2015 SPR15/515 Ms. Christine O'Donnell, Esq. Compliance Director and Staff Attorney City of Boston City Council 1 City Hall Plaza, 5th Floor Boston, MA 02201 Dear Attorney O'Donnell: I have received the petition of Don Saklad appealing the response of the City of Boston City Council (City Council) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Saklad requested a copy ofthe certificate of the official court reporter of the City Council's mechanical steno computer-aided transcript stenotype notes in the matter of the public meeting of the City Council. While this office has a copy of the response from the City Council, Mr. Saklad failed to provide this office with a copy of his original request. "Public Records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Your June 29, 2015 email response informed Mr. Saklad that the document he requested does not exist. You also stated that the record he seeks, the certificate is not made, created or received by or on behalf of the City Council. In a July 15, 2015 telephone discussion, you informed a member of my legal staff that the certificate that Mr. Saklad refers to is not required document under the contract between the City Council and the stenographic company, and therefore the stenographic company does not provide this record to the City Council. The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). There is no obligation to create a record in response to OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Christine O'Donnell, Esq. SPR15/515 Page Two August 24,2015 a request for public records. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). The City Council is not required to create a record in response to Mr. Saklad's request, nor is the City Council required in this case to obtain the requested record of the stenographic company where there is no contractual requirement that the certificate be provided to the City Council. Mr. Saklad is advised that in the future when requesting an appeal from the Supervisor of Records he must include a copy of the letter by which the request was made, and as available, a copy of the letter by which the custodian responded. See 950 C.M.R. 32.08(2). Failure to comply with this requirement could result in delays in the administration of the appeal. Accordingly, whereas, the City Council has no record responsive to this request, this appeal is closed. Supervisor of Records cc: Mr. Don Saklad (via electronic mail)