Don Kempner Warner Saklad v. Boston, City of - Police Department (SPR 20201822)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 13, 2020 SPR20/1822 Shawn A. Williams, Esq. Records Access Officer City of Boston 1 City Hall Plaza, Room 615 Boston, MA 02201 Dear Attorney Williams: I have received the petition of Don Kempner Warner Saklad appealing the response of the City of Boston (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Saklad requested “the Stenographic Record of the most recent Public Meeting of Boston City Council.” The City responded on September 25, 2020, providing a stenographic transcript. Unsatisfied with this response, Mr. Saklad petitioned this office and this appeal, SPR20/1822, was opened as a result. Current Appeal In his appeal petition, Mr. Saklad states that the record produced is not responsive to his request “because it should be in the same plain English language used for editing City Council Minutes.” He additionally states that that “[m]aterial made available isn't the same understandable plain English language material used for editing Minutes.” In a September 28, 2020 email, the City states that “[t]he record that exists has been provided,” and asserts that it “has no obligation under the public records law to translate a record.” No Duty to Create a Record Under the Public Records Law, a records custodian has no obligation to create a record in response to a public records request. 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 of records at the time of the request. See G. L. c. 66, § 10(a)(ii). 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. SPR20/1822 Page 2 October 13, 2020 Accordingly, whereas the City has informed Mr. Saklad that it does not possess the requested record, I will consider this administrative appeal closed. If Mr. Saklad is not satisfied with the result of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Don Kempner Warner Saklad