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Records Management Program <[log in to unmask]>
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From:
don warner saklad <[log in to unmask]>
Date:
Sat, 26 May 2012 15:28:59 -0400
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The dictionary file content is created in the Council Chamber during the
public meeting with the software. The software does provide for making
available the requested information. There's a deeper understanding of how
software is used to compile data. In this case the data compiled are
references to the words recorded during the public meeting of Boston City
Council.

For example, the City Auditor creates the City Payroll with software. The
software provides for making available requested information. A payroll is
public record. See also
http://bostonherald.com/projects/your_tax_dollars.bg?src=Boston2011#page=1&results_per_page=20&order_by=&src=Boston2011&action=get_data&payroll_search=&department=



         This office has received the appeal regarding the response of Ms.
> Ann H. Braga, Esq. for the City of Boston (City), to the April 4, 2012
> request for public records. See G. L. c. 66, s 10(b);
>
> http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleX/Chapter66/Section10
>
> see also 950 C.M.R. 3.08(2).
> http://www.lawlib.state.ma.us/source/mass/cmr/950cmr.html
>
> Specifically requested, a copy of the dictionary file used by the
> stenographer who is contracted by the City Council to produce meeting
> minutes for all City Council meetings.
>
>
>          In an April 9, 2012 email, Attorney Braga stated that the
> dictionary file is part of the proprietary software used by the
> stenographer and is not information that the City Council contracts with
> the stenographer to produce, nor does the City receive this information
> from the stenographer, "Public records" is broadly defined to include all
> documentary materials or data, regardless of physical form or
> characteristics, made or received by any officer or employee of any town of
> the Commonwealth, unless falling within a statutory exemption. G. L. c. 4,
> s 7(26).
> http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleI/Chapter4
>
>

>
         It is the finding of this office that the requested dictionary
> file does not satisfy the definition of a "public record" and the City is
> not required to disclose this information in response to a request. The
> requested dictionary file is not a record that is "made or received" by the
> City Council, but is merely a tool by which the stenographer creates a
> "public record," in the form of meeting minutes, on behalf of the City
> Council. Whereas the dictionary file is not a record that is "made or
> received" by the City Council, I will consider this appeal closed.
>
> Very truly yours,
> Shawn A. Williams, Acting Supervisor of Records
> email
> [log in to unmask]
>
> cc: Ms. Ann Hess Braga, Esq.
>
> May 24, 2012
>
> The Commonwealth of Massachusetts
> William Francis Galvin, Secretary of the Commonwealth
> Public Records Division
> One Ashburton Place 17th Floor Room 1719
> Boston Massachusetts 02108-1512
> http://www.sec.state.ma.us/arc/arcrmu/rmuidx.htm
> tel 617 727-2832
> fax 617 727-5914
>
> ENSE PETIT PLACIDAM SVB LIBERTATE QVIETEM
> She seeks with the sword a quiet peace under liberty
> http://en.wikipedia.org/wiki/File:Coat_of_arms_of_Massachusetts.svg
>
> 50% Recycled Paper
> 30% Post-Consumer
> http://www.carbon-footprint-defined.com/images/recycledmaterial.jpeg
>

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