Kate R. O'Brien, Esq. v. Springfield, City of - Public Schools (SPR 20200222)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 13, 2020 SPR20/0222 Andrea L. Stone Public Records Coordinator City of Springfield City Clerk's Office 36 Court Street, Room 123 Springfield, MA O1 03 Dear Ms. Stone: I have received the petition of Kate R. O'Brien, Esq., attorney for the Town of West Springfield, appealing the response of the City of Springfield (City) to a request for public records. G. L. c. 66, § IOA; see also 950 C.M.R. 32.08(1). Specifically on November 7, 2019, Attorney O'Brien requested "[a]ny and all records of the Community Police Hearing Board related to (former) [identified] Officer, including but not limited to any statements made or given by [another individual]." Tile 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, § IO(b)(iv); 950 C.M.R. 32.06(3); 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. Tile City's December JJf" response 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

Andrea L. Stone SPR20/0222 Page 2 February 13, 2020 In its December 11, 2019 response, the City denied the request in its entirety because it believes that the Community Police Hearing Board's executive session minutes and recordings of the proceedings are exempt from disclosure as public records pursuant to G. L. c. 30A §2l(a). It appears Attorney O'Brien's appeal is potentially related to the release of executive session minutes which may raise issues under the Open Meeting Law. In order to make a determination regarding the executive session minutes at issue, the City must clarify whether it is claiming that the purpose for which the executive session remains ongoing. See G. L. c. 30A, § 22(f). Conclusion Given that an interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General and not this office, I decline to provide a determination as to the status of the executive session minutes and related materials. See G. L. c. 30A § 23. It is recommended that the parties contact the Division of Open Government within the Office of the Attorney General should they seek a determination on this issue. Sincerely, Rebecca S. Murray Supervisor of Records cc: Kate R. O'Brien, Esq.