Kevin Blais v. Westford, Town of - Town Clerk (SPR 20182022)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 28, 2018 SPRlS/2022 Jodi Ross Town Manager Town of Westford 55 Main Street Westford, MA 01886 Dear Ms. Ross: I have received the petition of Kevin Blais appealing the response of the Town of Westford (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on June 11, 2018, Mr. Blais requested" ... all documentation related to the decision of the Board and the analysis of the Finance Committee." After several communications between the Town and Mr. Blais, including the provision of certain responsive records, Mr. Blais, on September 7, 2018, modified his request and indicated that he was renewing his request for" ... all documents of the executive sessions pursuant to public records law. .. "In a response dated August 8, 2018, the Town denied Mr. Blais access to responsive records. Subsequent to the opening of this appeal, the Town provided a supplemental response on December 26, 2018, indicating that the records were withheld under the Open Meeting Law. 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, § lO(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. 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

Jodi Ross SPR18/2022 Page 2 December 28, 2018 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. The Town's August st" and December 26th responses In its August 8, 2018 response, the Town indicated that the executive session minutes would not be released" ... as they typically do not until the sale is completed. The minutes include an appraisal which may affect the outcome ...." In its December 26, 2018 response, the Town asserts that" ... the related meeting minutes and appraisals are exempt from release under G. L. c. 30A, § 21(a) since the topic of those executive sessions was to consider the purchase, exchange, lease or value of the real estate, and the chair of the Board of Selectmen declared that an open meeting could have a detrimental effect on the negotiating position of the public body." The Town indicates that records would be released upon completion of the purchase. Clarification of records sought On June 11 t\ Mr. Blais requested" ... all documentation related to the decision of the Board and the analysis of the Finance Committee." Mr. Blais further requested executive session minutes on September J1h. However, in his petition for appeal, Mr. Blais asks this office to require the Town to disclose "any and all information related to the acquisition of land known as the Adams Property ...." Based on the foregoing, it is unclear which records Mr. Blais is currently seeking. Mr. Blais must clarify this matter. Please note that the Public Records Access Regulations (Regulations), which govern the procedural aspects of all appeals, require that an appeal to this office be filed within ninety (90) days of the date of the request letter, or within ninety (90) days of the date of a written response from the record custodian. See 950 C.M.R. 32.08 (l)(d); 950 C.M.R. 32.08 (l)(e). The Open Meeting Law Mr. Blais' September 6th request for " ... all documents of the executive session minutes ..." as well as the Town's August 8th and December 26th responses, raise issues that potentially invoke the Open Meeting Law. Given that the interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO) and not this office, it is recommended that Mr. Blais contact the AGO should he seek a determination on these issues. See G. L. c. 30A, § 23. Conclusion Accordingly, Mr. Blais must clarify which records he is seeking. He may also wish to contact the AGO to the extent that the issues raised invoke the Open Meeting Law.

Jodi Ross SPR18/2022 Page 3 December 28, 2018 Sincerely, Rebecca S. Murray Supervisor of Records cc: Kevin Blais