Powalisz, Esq., Jason v. Watertown, City of (SPR 20150510)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 7, 2015 SPRlS/510 Mr. Joseph S. Fair, Esq. Kopelman and Paige, P. C. 101 Arch Street Boston, MA 02108 Dear Attorney Fair: I have received the petition of Jason Powalisz, Esq. of McDonald, Lamond, Canzoneri & Hickernell, Legal Counsel to the International Association of Firefighters, Local1347 (Union), the collective bargaining representative for firefighters employed by the City of Watertown (Town). Attorney Powalisz appealed the response of Town to his request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney Powalisz requested a copy of the executive session minutes from Town Council meetings held on November 25, 2014 and December 9, 2014. In a response dated May 29, 2015, the Town denied his request under the Open Meeting Law as it operates through Exemption (a) of the Public Records Law. See G. L. c. 4, § 7(26)(a); G. L. c. 30A, § 22(f). Executive session minutes As indicated in your May 29 letter and subsequent correspondence with this office, you claim the responsive minutes are being withheld under G. L. c. 30A, § 22(f) as it operates through Exemption (a). 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 governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public's right to inspect records under the Public Records Law is restricted. See Attorney General v. Collector of Lynn, 3 77 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This office cannot order disclosure of records if a statute mandates nondisclosure. General Chemical Corp. v. Dept of Environmental Quality Engineering, 19 Mass. App. Ct. 287 (Mass. App. Ct. 1985). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Joseph S. Fair, Esq. SPR15/510 Page Two December 7, 2015 The applicable statute is the Open Meeting Law which provides: The minutes of any executive session, the notes, recordings or other materials used in the preparation of such minutes and all documents and exhibits used at the session, may be withheld from disclosure to the public in their entirety under subclause (a) of clause Twenty-sixth of section 7 of chapter 4, as long as publication may defeat the lawful purposes ofthe executive session, but no longer; provided, however, that the executive session was held in compliance with section 21. G. L. c. 30A, § 22(f) In the May 29 letter you claim the executive session minutes may be withheld from public disclosure in their entirety because the purposes for which the executive sessions were held have not concluded and remain ongoing. For that reason, public disclosure could be detrimental to the Town's bargaining and litigating positions. You reiterated this position in correspondence to this office dated December 4, 2015. Whereas an interpretation of the Open Meeting Law falls within the authority of the Division of Open Government in the AGO, I decline to provide a determination on the status of the executive session minutes, as the lawful purpose for entering into executive session may not have been concluded. See G. L. c. 30A, §~23. Accordingly, I w· 1 consider this administrative appeal closed. cc: Ms. Leah Barrault, Esq.