Richard Parker v. Foxborough, Town of - Southeastern Massachusetts Regional 911 District (SPR 20181206)

The Commonwealth of Massachusetts \Villiam Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords August 16, 2018 SPR18/1206 Robert Verdone Southeastern Massachusetts Regional 911 District 40 South St Foxborough, MA 02035 Dear Robert Verdone: I have received the petition of Richard Parker appealing the response of the Southeastern _________ Massachusetts Regional 911 District (District) !Q~r~g_uest for public records._ Q. L c. 66,_ _ § lOA~· ________ see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Parker requested minutes of the executive session meeting conducted by the District on four identified dates. You denied his request, claiming that the responsive records may continue to be withheld because the meeting minutes have not been authorized for disclosure by the Board of Directors. You then write, "[i]f the Board authorizes the release of any of these minutes you will be provided a copy of the authorized minutes in a separate correspondence." Unsatisfied ,vith the District's response, Mr. Parker petitioned this office and as a result SPRl 8/1206 was opened. The Public Records Law The Public Records La'w strongly favors disclosure by creating a presumption that all governmental records are public records. G. L c. 66, § 1 OA( 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 ,vithhold a requested record. G. L c. 66, § l O(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attornev forthe Norfolk Dist v. Flatlev, 4191\fass. 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 smte why i:he exemption applies to the withheld or redacted portion of the responsive record. One Ashbluton Place, Room 1719, Bosi:on, lAassachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@.sec.state.ma.us

Richard Parker SPR18/1206 Page2 August 16, 2018 If there are any fees associated with a response a \vritten, 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. Open Meeting Law lv1.r. Parker's appeal is related to the release of executive session minutes which raises issues that potentially invoke the Open Meeting Law. Given that an interpretation of the Open ------ --Meet:i:n l:;aw-faiis-v.7Ithiff1he authorityufthe Office-ofthe--Attorney-veneral (AGO)anct·nonhis 6 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: Richard Parker