James C. Heron v. Milford, Town of - Town Administrator (SPR 20180355)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 3, 2018 SPR18/355 Christopher L. Brown, Esq. Petrini & Associates, P.C. 372 Union Avenue Framingham, MA 01702 Dear Attorney Brown: I have received the petition of James Heron appealing the response of the Town of Milford (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Heron requested minutes of the executive session meeting conducted by the Town Board of Selectmen (Board) on two specific dates. Richard Villani,Town Administrator, denied his request, claiming that the responsive records may continue to be withheld from disclosure pursuant to G. L. c. 30A, §22(f). Mr. Vallani stated the minutes are continuing to be withheld because publication may defeat the lawful purpose of the executive session where negotiations with the Police Chief and the Board for a successor agreement are ongoing. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(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). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 1O (b )(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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

Christopher L Brown, Esq. SPR18/355 Page 2 April 3, 2018 Open Meeting Law Mr. Heron's appeal is related to the release of executive session minutes which raises issue that potentially 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, I decline to provide a determination as to the content of the executive session minutes. See G. L. c. 30A, § 23. It is recommended that you contact the AGO should you seek a determination on this issue. Sincerely, Rebecca S. Murray Supervisor of Records cc: James Heron