Don Kempner Warner Saklad v. Boston, City of - City Council (SPR 20171464)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 12, 2017 SPR17/1464 Christine O'Donnell, Esq. Boston City Council One City Hall Square Suite 550 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) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Saklad requested, "[t]he handmade written notes ofthe City Stenographer made on paper in the Public Meeting of Boston City Council. .. handwritten separately from the Stenograph machine." The City responded to Mr. Saklad's request on October 11, 2017 via email and stated, "[t]he City Council has conducted a review of its records and the documents that you are seeking do not exist and are not in the custody of the City Council." Mr. Saklad is appealing this response, believing that, "[h]andwritten notes are made separately from the Stenograph Machine in the Council Chamber during the Public Meeting and are or should be preserved ... " The Public Records Law Subsequent to the intervention by a member of the Public Records Division staff, this office was notified that the City does not have records in its custody that are responsive to Mr. Saklad's specific request. However, the City has agreed to provide Mr. Saklad with a supplemental response that will further explain why the requested records do not exist in that format, and will offer Mr. Saklad another means of obtaining the requested information. Accordingly, I will now consider this administrative appeal closed with the proviso that Mr. Saklad receives a supplemental response to his request in accordance with the Public Records Law and its Access Regulations. Mr. Saklad may appeal the substantive nature ofthe City's response within ninety (90) days. See 950 C.M.R. 32.08(1). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Ms. Christine O'Donnell, Esq. SPR17/1464 Page 2 October 12, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Don Saklad