Saklad, Don Kempner Warner v. Boston, City of - City Council (SPR 20150709)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 15, 2015 SPRlS/709 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 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 September 2, 2015 meeting. In his appeal, Mr. Saklad indicates the electronic files should not be removed from City Hall. Mr. Saklad also objected to the $5.00 fee imposed by the Council for the provision of records. Fees In your response dated September 3, 2015, you state there is a $5.00 fee to comply with the request. 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 $10.00. The Council's estimate costs total $5.00. I find the Council's amended fee estimate to be in compliance with the Regulations. Removal of electronic files In his petition to this office, Mr. Saklad states "the electronic files shouldn't be removed from City Hall." This is an issue that was resolved in prior appeals with this office. I decline to discuss this issue again. 950 C.M.R. 32.08(2). 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. SPR15/709 Page Two December 15, 2015 Conclusion Whereas the Council has responded appropriately to Mr. Saklad's request, and further whereas I decline to opine on issues previously determined by this office I will consider this administrative appeal closed. n upervisor of Records cc: Mr. Don Warner Saklad