Higgins, Patrick v. Swansea, Town of - Recreation Commission (SPR 20150639)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords October 15, 2015 SPRlS/639 Mr. Derek W. Heim Swansea Recreation Commission P.O. Box 161 Swansea, MA 02777 Dear Mr. Heim: I have received the petition of Mr. Patrick Higgins appealing the response ofthe Swansea Recreation Commission (Commission) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Higgins requested copies of all emails sent from or received by a Commission email address from February 2013 to present. He also requested to view all executive session minutes from May 2013 to present (June 3, 2015). In your response dated June 16, 2015, you provided Mr. Higgins with a fee estimate for the provision of the emails. You also informed Mr. Higgins that the chair of the Commission had not yet reviewed the requested executive session minutes and had not held "a board vote to make these records public as the executive session has not been deemed completed and warranted that the minutes no longer need to be exempted." Request for emails In his appeal to this office, Mr. Higgins indicates he is only appealing the response regarding his request for executive session minutes. Therefore, I will not opine on the Commission's response regarding the requested emails. Request for executive session minutes It is the Commission's position that the reason for holding the meetings in executive session has not ceased. Whereas an interpretation of the Open Meeting Law falls within the authority of the Division of Open Government in the Office of the Attorney General (AGO), I decline to provide a determination on the status of executive session minutes, as the lawful purpose for entering into executive session has not yet concluded. See G. L. c. 30A, § 23. However, the Commission is advised that it must cite an exemption to the Public Records Law in order to properly withhold records responsive to a request under the Public Records Law. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Derek W. Heim SPR15/639 Page Two October 15, 2015 A member of my staff spoke with Mr. Higgins about this matter and I understand Mr. ,r Higgins made an Open Meeting Law complaint about this matt Accordingly, I will consider this appeal closed. I cc: Mr. Patrick Higgins