(2) Text messages between Mayor Walsh and Gov. Baker

Brian Keaney filed this request with the Mayor's Office of Boston, MA.

It is a clone of this request.

Est. Completion None
Status
No Responsive Documents

Communications

From: Brian Keaney

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All text messages sent between Governor Charlie Baker and Mayor Martin Walsh since September 10, 2015.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Brian Keaney

From: George Bahnan

Dear Mr. Keaney:

I am writing to inform you that the Law Department has received your public
records request dated December 3, 2015. We will review any and all
responsive documents and will need to determine whether any of
the responsive documents will be exempt under the applicable provisions of
the Massachusetts Public Records Law. Depending upon the volume of
records, we will make a determination as to applicable fees.

If you wish to modify your request please notify me promptly in
writing. Thank you for your attention to this matter.
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov

From: Brian Keaney

Hi George,

Can you tell me when I can expect the text messages?

Thanks!

Brian

From: Brian Keaney

Hi George,

I don't mean to be a pest, but with Christmas coming up I would really appreciate a response before everyone leaves. It's been almost 3 weeks. When do you think I can expect the text messages?

Thanks!

Brian

From: George Bahnan

Hi Brian,

I apologize, I actually sent a follow up to the Mayor's Office this morning
regarding your request. I'm hoping to have an answer soon. Thanks.
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov

From: Brian Keaney

Hi George,

It has been a week (and more than 3 since I sent my request). Have you heard from the Mayor's office yet? I don't want to have to file an appeal.

Thanks,

Brian

From: George Bahnan

Dear Mr. Keany:

This email is in response to your December 3, 2015 Public Records request
for “all text messages sent between Governor Charlie Baker and Mayor Martin
Walsh since September 10, 2015.”

After a review of our records, the City of Boston has determined it does
not have any documents responsive to your request. Please do not hesitate
to contact my office should you have any questions.

Under the Massachusetts Public Records Law, it is your right to seek
redress through the administrative process provided by the Office of the
Supervisor of Public Records, Office of the Secretary of State.
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov

From: Brian Keaney

Hi George,

This is actually my second request for these text messages. In the first, it was determined that the Mayor was deleting his text messages. After I appealed to the Supervisor of Public Records (SPR15/744), the Mayor's office said they would begin retaining the texts in accordance with the Public Records Law.

Can you tell me if the mayor and governor have simply stopped sending text messages, or if they have been deleted? Which is the reason for the lack of responsive documents?

Thanks for all your help,

Brian

From: George Bahnan

Hi Brian,

The Mayor does not conduct substantive city business by text message and as
I mentioned before, there were no text messages responsive to your request.
Thank you.
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov

From: Brian Keaney

Hi George,

I didn't ask for texts related to "substantive city business." I asked for all the text messages. The governor said on the radio a few months ago that he and the mayor traded text messages. Is this no longer the case, or are the text messages still being deleted?

Thanks,

Brian

From: Brian Keaney

Hi George,

Can you tell me if the Mayor and the Governor are not texting at all any more? Or are they still texting, but the texts are being deleted?

Thanks,

Brian

From: Brian Keaney

Dear Supervisor Williams,

Over the summer, Governor Baker said on the radio (http://wgbhnews.org/post/reprehensible-outrageous-and-ridiculous-governor-charlie-baker-boston-public-radio) that he traded text messages with Mayor Walsh. After my first request for these text messages (SPR15/744), you wrote in a letter to Caroline Driscoll dated November 30, 2015 that he understood the city would be making an effort to ensure that all text messages would be available to the public in the future.

I am confused by Mr Bahnan's response about "substantive city business" since I requested all text messages. I would thus like to appeal, and to again request all text messages between the Mayor and the Governor, regardless of content.

Thank you,

Brian Keaney

From: George Bahnan

Dear Mr. Keaney:

This email is in response to your Public Records Appeal, SPR16/213,
concerning text messages between Mayor Walsh and Governor Baker.

The City has no records responsive to your request, because we are unable
to retain text messages at this time. We anticipate having that capability
soon, however, currently we do not have the ability to retain text messages.
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov

From: Brian Keaney

Dear Supervisor Williams,

I would like to once again appeal the response of the Mayor's office. Text messages are automatically retained unless they are actively deleted.

If the issue is getting the messages to me, there are apps available for this purpose. If Mayor Walsh would prefer not to download another app onto his phone, I would accept either a manual transcription or screen shots of all the text messages.

Additionally, in a letter you sent to Attorney Caroline Driscoll on November 30, 2015 (SPRlS/744), you stated that Attorney Driscoll has ensured you that " that the City is currently making an effort to ensure that the public has access to these records [text messages] in the future regardless of format and/or device in accordance with the Public Records Law." It seems to me that five months is a sufficient amount of time to ensure that the public has access to these records.

I am sorry that I must again appeal this response, but look forward to hearing from you again soon. Until then, I remain

Sincerely Yours,

Brian Keaney

Files

There are no files associated with this request.