Gerard F. Russell v. Charlton, Town of - Town Administrator (SPR 20181115)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 7,2018 SPR8~1 11 15 Robin Leal Craver Town Administrator Town of Charlton 37 Main Street Charlton, MA 0 15 07 Dear Ms. Craver: I have received the petition of Gerard Russell appealing the response of the Town of Charlton (Town) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). Specifically, on June 7,2018 Mr. Russell requested "copies of any and all minutes of board of selectmen meetings during which selectmen authorized the town administrator to negotiate a host agreement and developer agreement with Valley Green Grow Inc. In addition, please provide minutes of any executive session minutes during which Valley Green Grow was discussed by selectmen." The Town initially responded on July 2,2018 by providing certain responsive records. Mr. Russell appealed, indicating he is seeking a more complete version of responsive minutes. 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, 5 10A(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, 5 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, 5 lO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attornev for the Norfolk Dist. v. Flatley, 419 Mass. 507, 51 1 (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. 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

Robin Leal Craver Page 2 August 7,20 18 Current appeal In his appeal petition Mr. Russell indicates "Town Administrator Robin Leal Craver indicated a more complete version of minutes would be made available after the July 17 selectmen's meeting. The latter meeting has been held and no further documents have been made available regarding the May 8 executive session minutes. In fact, two selectmen meetings have been held without action on this pending public records request." Mr. Russell suggests that "[alny reasons to withhold minutes concerning business discussed in the May 8 executive session relative to the reason cited for holding the closed session is now moot because the matter under discussion (Valley Green Grow Host Agreement and Letter of Non-opposition and related documents) have been discussed in open sessions since the May 8 session. Contracts have been signed, and approved and in public view for weeks. Therefore there is no longer a need to keep discussion about Valley Green Grow shielded from public view." Mr. Russell asks this office "to compel the Town of Charlton to release these public records." Subsequent to the opening of this appeal, the Town provided a supplemental response on July 30,2018 in which you explain "[olnce the final executed minutes are complete, we shall forward to you without delay. For your additional info, the Board decided since there is so much interest in that executive session, the Adrnin Assistant was directed to provide the minutes in long form, capturing much of the conversation including who said what in the meeting." You also indicate "[slince it appears that you do not wish to wait for the executed minutes, I am sending the second draft awaiting the BOS's signatures which was completed today." In light of the Town's July 3othr esponse in which it provides a second draft of minutes, and indicates the final executed minutes will be forwarded to Mr. Russell without delay, I will consider this appeal closed. Mr. Russell may appeal the substantive nature of the Town's response within ninety days. See 950 C.M.R. 32.08(1); see also G. L. c. 30A, 5 23. Sincerely, Rebecca S. Murray Supervisor of Records cc: Gerard Russell