Tyler, Susan v. Sherborn, Town of (SPR 20140444)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 26, 2014 SPR14/444 Ms. Diane Moores Assistant Town Administrator Town of Sherborn Town Hall 19 Washington Street Sherborn, MA 01770 Dear Ms. Moores: I have received the petition of Susan L. Tyler appealing the response of Donald Crawshaw in his capacity as the Chairman of the Western A venue Intersection Committee (Committee) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Tyler requested copies of emails made or received by Mr. Crawshaw in his capacity as Chairman of the Committee. According to the May 23, 2011 meeting minutes, the Board established creation of the Committee. See www.sherbornma.org/Pages/SherbornMA SelectMin/I0175F51B. In a conversation on September 22, 2014 you indicated your belief that the Committee was intended to be subject to the disclosure requirements of the Public Records Law. In his response to Ms. Tyler's request Chairman Crawshaw requested a "legal basis" for Ms. Tyler's request. Please note that the personal status of a requester does not afford any greater or lesser right of access to public records. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, I find Chairman Crawshaw erred in this query, and should have provided a response consistent with the requirements of the Public Records Law. In our September 22nd telephone conversation you informed me that as of September 18, 2014 the Committee no longer exists. While the Committee may no longer exist, the Town and the Board remain obligated to recover and retain records related to the work of the Committee, pursuant to the retention requirements of the Municipal Records Retention Manual. See www.sec.state.ma.us/arc/arcpdf/MA Municipal Records Retention Manual.pdf. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Diane Moores SPR14/444 Page Two September 26, 2014 In addition, the former members of the Committee are obligated under Massachusetts Law to return to the Town any records made or received by them in their capacity as members of the Committee. I advise the Town to provide copies of this letter to the former members of the Committee to assist in the surrender of its records to the Town and the Board. § 14. Surrender ofRecords by Retiring Officer Whoever has custody of any public records shall, upon the expiration of his term of office, employment or authority, deliver over to his successor all such records which he is not authorized by law to retain, and shall make oath that he has so delivered them, accordingly as they are the records of the commonwealth or of a county, city or town, before the state secretary, the clerk of the county commissioners or the city or town clerk, who shall, respectively, make a record of such oath. Accordingly, I will consider this administrative appeal closed with the proviso that the Town responds directly to Ms. Tyler's request for public records within ten (1 0) days. Should you, the Town or the Board seek assistance with respect to the retention of the Committee's records, please contact my office directly, or you may contact Senior Re ords and Information Manager Terry French in the Records Management Unit of my office (617) 727-2816. Supervisor of Records cc: Ms. Susan L. Tyler Mr. Terry French