Saklad, Don Kempner Warner v. Department of Public Utilities - Legal Division (SPR 20150318)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 13, 2015 SPR15/318 Ms. Ladawn S. Toon, Esq. Massachusetts Department of Public Utilities One South Station Boston, MA 0211 0 Dear Attorney Toon: I have received the petition of Don Saklad appealing the response of the Massachusetts Public Utilities Commission (Commission) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, on April23, 2915 Mr. Saklad requested minutes of the most recent public meeting and previous public meeting of the Commission. On April24, 2015, you replied to Mr. Saklad stating there were no records responsive to his request. Mr. Saklad appealed to our office. On May 12, 2015, Ms. Elizabeth Lydon, Esq. wrote to Mr. Saklad to inform him that the Massachusetts Open Meeting Law, G.L. c. 30A, §§ 18 to 25, exempts from disclosure the Commission's deliberations on decisions in adjudicatory proceedings; the Commission is a quasi-judicial board. In addition, Attorney Lydon informed Mr. Saklad that the Commission maintains the transcripts for viewing at their offices and that copies of the transcripts may only be obtained from the Commission's court reporter. Attorney Lydon provided the name, address, telephone number and email address of the court reporter. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(4). "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, § 7(26). The purpose of the Massachusetts Public Records Law (Law) and its Access Regulations (Regulations) is to enable a citizen to access documents made or received by a public employee. The responsibilities of public employees are limited to providing documents only in his/her possession at the time of the request. Furthermore, the Law and Regulations do NOT require public employees to answer questions, or to create documents in response to questions or requests, or to conduct research with regard to questions or requests. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Ladawn S. Toon, Esq. SPR15/318 Page Two August 13, 2015 Whereas the Commission has properly responded to Mr. Saklad's request noting that no responsive records exist, this administrative appeal is now closed. a Supervisor of Records cc: Mr. Don Saklad (via electronic mail)