Lisa Morales v. Onset Water Department/Fire District (SPR 20192095)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S, Murray Supervisor of Records

October 28, 2019 SPR19/2095 Peter C. Sumners, Esq. Murphy, Lamere & Murphy, P.C. 50 Braintree Hill Office Park Suite 202 Braintree MA, 02184-8807

Dear Attorney Sumners:

I have received the petition of Lisa Morales appealing the response of the Onset Water Department and Fire District (District) to a request for public records. G. L. c. 66, § 10A; see also 50 C.MLR. 32.08(1). Specifically, Ms. Morales requested “Minutes of Executive Session for May 23, 2019.” . .

The District’s Response

The District responded on October 10, 2019, stating that “the District is prohibited by law from providing or making public these particular records and information because they continue to be maintained as executive session minutes under the Open Meeting Law.” The District stated that “[tJhe Prudential Committee’s executive session was held to pursuant to M.G.L. c. 30A, §21(a)(3) to conduct strategy with respect to litigation....At the meeting in question, the Chair declared that an open meeting would have a detrimental effect on the litigating position of the Prudential Committee.”

In its October 10" response, the District also claimed that the requested records are protected by the attorney-client privilege. In Ms. Morales’s petition, she asserts that the District waived its attorney-client privilege by its release of emails between the District and an attorney, Marianne Peters, Esq.

Open Meeting Law

The issues raised in Ms. Morales’s appeal pertain to the release of executive session minutes and appear to invoke the Open Meeting Law. Please be advised that the interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO). Therefore, I decline to provide a determination as to the status of these records. See G.L. c. 30A, § 23. It is recommended that Ms. Morales contact the Division of Open Government within the AGO should she seek a determination on these issues.

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

Peter Sumners, Esq. SPR19/2095 Page 2 October 28, 2019

Given the Open Meeting Law issues presented in Ms. Morales’ appeal, I decline to opine at this time on the attorney-client issues raised herein. Accordingly, I will now consider this administrative appeal closed.

Sincerely,

Lbecea Mumma.

Rebecca S. Murray . Supervisor of Records cc: Lisa Morales Melissa Goodell