Wittenberg, Ariel v. Southeastern Regional Transit Authority (SPR 20140523)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 16, 2014 SPR14/523 Mr. Arthur D. Frank, Jr., Esq. 209 Bedford Street, Suite 402 Fall River, MA 02720 Dear Attorney Frank: I have received the petition of Ariel Wittenberg of The Standard Times appealing the response of your client the Southeastern Regional Transit Authority (SRTA) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Wittenberg requested copies of "executive session minutes for meetings that occurred on the following dates: February 20, 2014; May 22, 2014; June 19, 2014." In your September 12, 2014 response, while you did not specifically cite an exemption under the Public Records Law, you denied Ms. Wittenberg's request, explaining that "disclosure of these records may defeat the lawful purpose of the executive session." You also cited the common law attorney-client privilege in your denial of access. Exemption (a) At my request you provided this office with a letter dated September 30, 2014, providing more information to support your claim that the records are exempt from disclosure. You indicated that the minutes for the three requested executive sessions are exempt by statute, as the lawful purpose for each is active and ongoing. The relevant statute is the Open Meeting Law. Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, §7 (26)(a) In your September 30, 2014letter you stated that responsive records were withheld pursuant to the Open Meeting Law, G.L. c. 30A, §§ 18-25, as it operates under Exemption (a) of the Public Records Law. You further explained that the executive sessions of SRT A were held OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Arthur D. Frank, Jr., Esq. SPR14/523 Page Two October 16, 2014 "To investigate charges of criminal misconduct or to consider the filing of criminal complaints." G. L. c. 30A, § 21 (5). Whereas an interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO) and not this office, I decline to provide a determination as to the status of the responsive records, as SRTA has stated that the lawful purpose for entering executive session has not yet concluded. See G. L. c. 30A, § 23. Accordingly, this administrative appeal is closed. In the event a request for reconsideration of this order is honored by this office an acknowledgment will be provided to all parties, followed by a written determination by this office, to be provided within fifteen (15) business days. Requests for reconsideration filed more than thirty (30) days after the date of this letter will not be consid ;ed. 'I cc: Ms. Ariel Wittenberg