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

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