Linda Johansen v. Townsend, Town of - Town Clerk (SPR 20170197)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 28, 2017 SPR17/197 Kathleen M. Spofford Town Clerk Town of Townsend 272 Main Street Townsend, MA 01369 Dear Ms. Spofford: I have received the petition of Linda Johansen, appealing the response of the Town of Townsend -Town Clerk (Town) to a request for public records. G. L. c. 66 § IOA; see also 950 C.M.R. 32.08(1 ). Specifically, Ms. Johansen requested copies of "the approved Finance Committee meeting minutes for the year of 2016." In a response dated February 1, 2017, the Town provided a fee estimate of $4.60 for the production of certain responsive records, as they are currently unavailable online. Ms. Johansen appealed this response and petitioned this office, under the belief that such records should be made available online, free of charge. The Town provided a subsequent response in an email dated February 27, 2017. In this response you indicate "[a]ll minutes that you have requested from the Finance Committee in 2017 are on the website. All Finance Committee minutes prior to the new law historically have not been posted to the website." You further explain "[y] our request for those minutes prior to the enacted law in 2017 are available for inspection in my office, and you may obtain copies at the set rate of $.05 per page." Please note that municipal records access officers (RAOs), to the extent feasible, are required to post certain records made or received on or after January 1, 2017 on its website. See 950 C.M.R. 32.04(5)(g); 950 C.M.R. 32.05(1)(g). In light of the Town's February 2?1h response, and whereas this matter was opened based upon the Town's failure to provide a complete written response, I will now consider this administrative appeal closed. Ms. Johansen may appeal the substantive nature of the Town's February 2?1h response within ninety (90) days. See 950 C.M.R. 32.08(1). It should be noted that the nature of Ms. Johansen's request may raise issues that invoke the Open Meeting Law. Given that an interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO) and not this office, the parties are encouraged to seek a determination from the AGO if appropriate. See G.L. c. 30A, §23. 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

Kathleen Spofford SPRl 7/197 Page 2 February 28, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Ms. Linda Johansen