Elizabeth Dobbins v. Lowell, City of - Law Department (SPR 20190607)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 4, 2019 SPR19/607 Hannah B. Pappenheim, Esq. Assistant City Solicitor City of Lowell Law Department 375 Merrimack Street, 3rd Floor Lowell, MA 01852 Dear Attorney Pappenheim: I have received the petition of Elizabeth Dobbins of the Lowell Sun appealing the response of the City of Lowell (City) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Dobbins requested a copy of: • A copy of the letter delivered to [a n identified person] in August listing the reasons for his termination; • A copy of the letter and exhibits delivered to the Mayor's Office in November from [an identified person's] legal representation, following the conclusion of settlement negotiations; • All executive session minutes since the week of July 16, including the first draft handwritten minutes; and • Email or email correspondence from July 9 to present between [an identified person] (or his legal representation) and the [City's] School Committee (or its legal representation). Open Meeting Law The City denied Ms. Dobbins' request for the executive session minutes under the Open Meeting Law as it operates through Exemption (a). Your March 20, 2019 response states, "[u ]nder the Open Meeting Law, minutes of ( and documents and exhibits used at) executive session may be withheld from public disclosure, as long as publication may defeat the lawful purpose of the executive session. M.G.L. c. 30A, § 22(f)." In an April 4, 2019 telephone conversation with a Public Records Division staff attorney, you explained that the City is withholding all the requested records under the Open Meeting Law because the records were used during the executive session. 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

Hannah B. Pappenheim, Esq. SPR19/607 Page2 April 4, 2019 Please be advised that the interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General and not this office. Therefore, I decline to provide a determination as to the status of the executive session minutes and on the other existing records responsive to Ms. Dobbins' request. See G. L. c. 30A, § 23. It is recommended that Ms. Dobbins contact the Division of Open Government within the Office of the Attorney General should she seek a determination on this issue. Sincerely, Rebecca S. Murray Supervisor of Records cc: Elizabeth Dobbins, Lowell Sun