Saklad, Don Kempner Warner v. Boston, City of - City Council (SPR 20150601)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords December 4, 2015 SPRlS/601 Ms. Daisy De La Rosa Central Staff Director Boston City Council One City Hall Square, 5th Floor Boston, MA 02201 Dear Ms. De La Rosa: I have received the petition of Don Warner Saklad appealing the response of the Boston City Council (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 copy of the Council's stenographic record of its July 22, 2015 meeting. Mr. Saklad also requested copies of any abbreviations, acronyms, shortcuts, or tokens needed to interpret the stenographic record. Finally, Mr. Saklad requested that the Council provide this information on its web site. Initially, the Council stated a $20.00 monthly fee paid by Mr. Saklad would be required to comply with his request. Fees Subsequent to the opening of this appeal the Council amended its initial response, stating that responsive records would be provided upon payment of a fee of $5.00, payable to the Council. A custodian of records may assess a reasonable fee for complying with a request for public records. G. L. c. 66, § 10(a). Absent specific statutory authority to the contrary, the fees to be charged for complying with request for public records are established by the Public Access Regulations (Regulations). 950 C.M.R. 32.06. Under the Regulations a records custodian must provide a written estimate of fees where costs exceed $1 0. 00. The Council's estimate costs total $5.00. I find the Council's amended fee estimate to be in compliance with the Regulations. Questions, duty to provide records in custody, issues resolved in prior appeals In both his request and petition to this office Mr. Saklad asked questions. Mr. Saklad also sought to obtain records the Council has repeatedly stated it does not possess. 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. G. L. c. 4, § 7(26). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Ms. Daisy De La Rosa SPR15/601 Page Two December 4, 2015 In his petition Mr. Saklad raised issues that were resolved in prior appeals with this office. I decline to discuss these issues again. 950 C.M.R. 32.08(2). Conclusion Whereas the Council has responded appropriately to.Mr. Saklad's request, and further whereas I decline to opine on issues previously determined y this office I will consider this administrative appeal closed. yours, cc: Mr. Don Warner Saklad