Allen Nitschelm v. Acton-Boxborough Regional School District (SPR 20170195)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 28, 2017 SPR17/195 D.M. Moschos, Esq. Mirick, O'Connell, DeMallie & Lougee, LLP 100 Front Street Worcester, MA 01608 Dear Attorney Moschos: I have received the petition of Allen Nitschelm, on behalf of Acton Forum, appealing the Acton-Boxborough Regional School District's (School) response to his requests for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, on February 16, 2015 and October 18, 2015 Mr. Nitschelm requested copies of the minutes from executive session meetings held by the School Committee. The School provided responsive minutes with certain portions redacted. Previous appeal This request was the subject of previous appeals. See SPR16/297 Determination of the Supervisor of Records (May 24, 2016); SPR16/688 Determination of the Supervisor of Records (September 16, 2016); SPR16/938 Determination of the Supervisor of Records (November 4, 2016); SPR16/1106 Determination of the Supervisor of Records (December 16, 2016). This office closed SPR 16/1106 by ordering the School to provide Mr. Nitschelm with a response to the request, provided in a manner consistent with the order, the Public Records Law and its Regulations. The School responded to this order in a letter dated February 7, 2017 by removing certain redactions, but continues to claim certain information may be redacted. Mr. Nitschelm appealed and SPR16/938 was opened. Current appeal ih In the School's February response you indicate that certain information is "exempt from public disclosure under the Open Meeting Law." The School cites the following portion of the Open Meeting Law in support of its position: One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

D.M. Moschos, Esq. SPRl 7/195 Page 2 February 28, 2017 When the purpose for which a valid executive session was held has been served, the minutes, preparatory materials and documents and exhibits of the session shall be disclosed unless the attorney-client privilege or 1 or more of the exemptions under said clause Twenty-sixth of said section 7 of said chapter 4 apply to withhold these records, or any portion thereof, from disclosure. G. L. c. 30A § 22(f) An interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO) and not this office. See G. L. c. 30A, § 23. Therefore, I find it is necessary to obtain an opinion from the AGO's Division of Open Government (Division) as to whether the School is properly claiming any portion of the Open Meeting Law to withhold portions of the responsive records. My office will provide a copy of the relevant files to the Division to facilitate this review. I will consider this appeal closed pending the AGO's review. If appropriate, I will opine on this matter upon completion of the AGO's review. Sincerely, Rebecca S. Murray Supervisor of Records cc: Allen Nitschelm Jonathan Sclarsic, Esq.