Tuesday, June 14, 2011

Diamante stenographic machine. Boston City Council.

Support open government. Diamante stenographic machine at Boston City Council stores a computer file with the full transcript of the most recent public meeting of the Council. Ask your favorite City Council Candidate for the full transcript
http://www.stenograph.com/ProductDetails.aspx?prodid=45001

Monday, June 13, 2011

Open Meeting Law Advisory Commission

Open Meeting Law Advisory Commission
October 25, 2010 Public meeting
One Ashburton, Place, Boston, 21st Floor
Members present: Robert Ambrogi, Loretta Lillios, Peter Hechenbleikner
Members absent: Sen. Brian Joyce, Rep. Steve Walsh
Others present: Britte McBride, Director, Division of Open Government, Attorney
General’s Office; Jonathan Sclarsic, Assistant Attorney General, Attorney General’s
Office, Josh Harrell from Rep. Steve Walsh’s office Joshua.harrell@mahouse.gov
Chair Loretta Lillios
http://www.mass.gov/?pageID=cagosubtopic&L=4&L0=Home&L1=Government&L2=The+Open+Meeting+Law&L3=Open+Meeting+Law+Advisory+Commission&sid=Cago

The Commonwealth of Massachusetts
Office of the Attorney General
One Ashburton Place
Boston, Massachusetts 02108

[ seal ]
Massachusetts Attorney General
Martha Coakley
http://mass.gov/ago/openmeetings
Phone: 617 727-2200
TTY 617 727-4765
openmeeting@state.ma.us

OPEN MEETING LAW COMPLAINT FORM
Instructions for completing the Open Meeting Law Complaint Form

The Office of the Attorney General's Division of Open Government is responsible for interpreting and enforcing the Open Meeting Law.

Pursuant to G.L. c. 30A, §23,
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter30A
the Open Meeting Law requires that, prior to filing a complaint with the Attorney General, complaints must first be filed with the public body that is alleged to have committed the violation.

The complaint must be filed with the public body within 30 days of the alleged violation, or if the alleged Open Meeting Law violation could not reasonably have been known at the time it occurred, then within 30 days of the date it should reasonably have been discovered.

The complaint must set forth the circumstances which constitute the alleged violation, giving the public body an opportunity to remedy the alleged violation.



Please complete the entire form, providing as much information as possible, to assist the public body in responding to your complaint.

You may attach additional materials to your complaint if necessary.

The public body may request additional information if necessary.

The Division of Open Government will not, and public bodies are not required to, investigate anonymous complaints.



Complaints alleging a violation of the Open Meeting Law by a local public body must be filed with the clerk of the city or town where the alleged violation occurred.

Complaints alleging a violation by a county, regional or state public body must be filed with the chair of the public body.



If you are not satisfied with the action taken by the public body in response to your complaint, you may file a copy of your complaint with the Attorney General 30 days after filing your complaint with the public body.

The complaint must include this form and any documents relevant to the alleged violation.

A complaint may be filed either by mail or by hand with the:

Office of the Attorney General
Division of Open Government
One Ashburton Place
Boston, MA 02108

The Attorney General may decline to investigate a complaint that is filed with the Attorney General more than 90 days after the alleged OML violation, unless an extension was granted to the public body or the complainant demonstrates good cause for the delay.




[ seal ]
Massachusetts Attorney General
Martha Coakley

OPEN MEETING LAW COMPLAINT FORM

Office of the Attorney General
One Ashburton Place
Boston, MA 02108
http://mass.gov/ago/openmeetings
Phone: 617 727-2200
TTY 617 727-4765
openmeeting@state.ma.us

Your Contact Information:
First Name: Last Name:
Address:
City: State: Zip Code:
Phone Number: Ext.
Email:
Organization or Media Affiliation (if any):

Are you filing the complaint in your capacity as an individual, representative of an organization, or media?
(For statistical purposes only)
[__]Individual [__]Organization [__]Media

Public Body that is the subject of this complaint:
[__]City/Town [__]County [__]Regional/District [__]State

Please note that all fields are required unless otherwise noted.

Name of Public Body (including city/town, county or region, if applicable):

Specific person(s), if any, you allege committed the violation:

Date of alleged violation:

Page 1





Description of alleged violation:
Describe the alleged violation that this complaint is about. If you believe the alleged violation was intentional, please say so and include
the reasons supporting your belief.
Note: This text field has a maximum of 3000 characters.

What action do you want the public body to take in response to your complaint?
Note: This text field has a maximum of 500 characters.

Review, sign, and submit your complaint
Read this important notice and sign your complaint.

Under most circumstances your complaint will be considered a public record and be available to any member of the public upon request.

I understand that when I submit this complaint the Attorney General's Office cannot give me legal advice and cannot act as my personal lawyer.

I certify that the information contained on this form is true to the best of my knowledge.

Signed: ___________________________________________ Date:____________________________

By filling in my name and checking this box, I certify that the information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online signature.
Declaration:[__]

For Use By Public Body
Date Received by Public Body:

For Use By AGO
Date Received by AGO:

Page 2


.

Saturday, June 11, 2011

The electronic stenographic record created during the most recent meeting of the Boston City Council

June 19, 2011
SPR11/156

I have received your petition appealing the response of the City of Boston (City) to your April 23, 2011 public records request. See G. L. c. 66, s 10(b) (2008 ed.) (Supervisor of Records has authority to resolve public records appeals);
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleX/Chapter66
see also 950 C.M.R. 32.08(2) (appeal process).
http://www.lawlib.state.ma.us/source/mass/cmr/950cmr.html

Specifically, you requested an electronic stenographic record created during the most recent meeting of the City Council.

In the past, you have requested copies of the stenographic output created during the City Council meetings and you have been provided with a fee estimate for the provision of the photocopies of the paper records created by the stenographic machine. Based on recent information regarding the capabilities of the particular stenographic machine used during City Council meetings, you had reason to believe that an electronic version of the stenographic output could possibly be created. Consequently, you requested this electronic version of the stenographic output

On June 6, 2011, Ms. Priscilla Tollen, of the City, informed Rebecca Murray, an attorney with the Public Records Division, that the City does not have an electronic copy of the stenographic documents. There is no obligation for a custodian to create a record in response to a public records request. G. L. C. 66, s 10(a) (2008 ed.); 32 Op. Att'y Gen. 157, 165 (May 18, 1977).
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleX/Chapter66
http://www.archive.org/details/reportofattorney1977mass

Given that the City does not have the records responsive to your request and there is no obligation to create these records, accordingly, I will consider this matter closed.
Very truly yours,
Shawn A. Williams, Assistant Director
pre@sec.state.ma.us
http://www.sec.state.ma.us/arc/arcrmu/rmuidx.htm

cc:
Ms. Priscilla Tollen
Ms. Rosaria Salerno

ENSE PETIT PLACIDAM SVB LIBERTATE QVIETEM
She seeks with the sword a quiet peace under liberty
http://en.wikipedia.org/wiki/File:Massachusetts_coat_of_arms.png

The Commonwealth of Massachusetts
William Francis Galvin, Secretary of the Commonwealth
Public Records Division
One Ashburton Place, 17th Floor
Boston Massachusetts 02108
617 727-2832

.

Denial. Boston City Clerk. Assistant City Clerk.

Does the Boston City Clerk and Assistant City Clerk understand the technology of the computerized stenographic machine that records the full public meeting of Boston City Council?... instead of providing to the public the computer file stored on the computerized stenographic machine denial takes over with claims the full stenographic machine record doesn't exist yet it's edited down to create Minutes.

Friday, June 10, 2011

Report on the availability of a full transcript of the public meeting of Boston City Council

Report on the availability of a full transcript of the public meeting of Boston City Council.

a)
Failure of the City Clerk and Assistant City Clerk to understand the technology in place currently.

b)
Trivially easy to download/email the computer file stored on the computerized stenographic machine
http://www.stenograph.com/ProductDetails.aspx?prodid=45001
http://www.stenograph.com/marcom/downloads/diamante/Diamante_User_Guide.pdf

c)
The technology of the computerized stenographic machine should be understood so that the public has access to the public record stored on the machine for the public meeting of Boston City Council.