Don Kempner Warner Saklad v. Boston, City of - Public Records (SPR 20182031)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 28, 2018 SPRlS/2031 Shawn Williams, Esq. Public Records. Access Officer Boston City Hall- Room 615 1 City Hall Sq. Boston, MA 02201 Dear Attorney Williams: I have received the petition of Don Kempner Warner Saklad appealing the response of the Boston City Council (Council) 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" ... the Data compiled and edited in the Council Chamber during the most recent Public Meeting of Boston City Council on the machines in front of the Dais of the President chairing the Public Meeting. The File is compiled, edited, and added to is (sic) used to interpret another file I received ending with the extension .sgstn." The Council provided a response to Mr. Saklad's request on December 12, 2018. Mr. Saklad appealed the response to this office via email on December 13, 2018. Appeal Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days of receipt of the request. G. L. c. 66, § lO(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii), (b)(ii). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, § lO(b)(iii). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § lO(b)(iv) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific 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

Shawn Williams, Esq. SPR18/2031 Page 2 December 28, 2018 exemption or exemptions upon which the withholding is based ... "); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). In the Council's December lih response, you explain". .. your most recent request for the stenographic output was honored today under separate cover." You also assert that "[i]n this request you seek a copy of the dictionary file used by the stenographer for the City Council. The stenographer is not a City employee; any such record is not a government record. There is no record in the custody of the City that is responsive to your request." Based on the Council's response, it is this office's understanding that the record sought in this appeal is the same as the record sought in previous appeals. See SPRl 7 /505 Determination of the Supervisor of Records (April 21, 2017); SPRl 7/1677 Determination of the Supervisor of Records (December 18, 2017). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii), (b)(ii). Whereas the Council has confirmed it has no additional responsive records, I will now consider this appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Don Kempner Warner Saklad