Don Kempner Warner Saklad v. Boston, City of - City Council (SPR 20171555)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 16, 2017 SPR17/1555 Christine O'Donnell, Esq. Compliance Director, Staff Counsel Boston City Council Boston City Hall, 5th Floor Boston, MA 02201 Dear Attorney O'Donnell: I have received the petition of Don Kempner Warner Saklad appealing the response of the Boston City Council (Council) to his request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Saklad requested copies of hand written notes from an October 4, 2017 Council meeting. Unsatisfied with the Council's response, which noted that no responsive records exist, Mr. Saklad petitioned this office and this appeal was opened as a result. See also SPRl 7 /1464 Determination of the Supervisor of Records (October 12, 2017); SPRl 7/1512 Determination of the Supervisor of Records (October 25, 2017). In a response from the Council dated October 25, 2017, you indicate that "the stenographer does not use or take handwritten notes to prepare the City Council meeting minutes." You also note that "[t]here are no handwritten notes that are taken separately from the stenographic machine." With respect to a video referenced by Mr. Saklad, you explain "[t]he clip that you are referencing in the video appears to show the stenographer writing on a separate piece of paper. Such paper was not used in preparing the meeting minutes." You further note that "[s]ince the piece of paper was not used in preparing the minutes of the City Council meeting, the paper is not maintained, nor is there a requirement that such paper be maintained by the City Council. Therefore, as previously stated, the documents that you are seeking do not exist and are not in the custody of the City." I find it is unclear whether the requested records were made within the scope of the agency relationship between the stenographer and the Council, thereby requiring it to obtain the requested records and respond to this request under the Public Records Law. The Council must clarify this matter. I understand a member of the Public Records Division contacted you. 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

Christine O'Donnell, Esq. SPRl 7/1555 Page 2 November 16, 2017 Conclusion Accordingly, the Council is ordered to provide Mr. Saklad with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Don Kempner Warner Saklad