Patrick Waddell v. Wehnam, Town of - Town Clerk (SPR 20200952)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 29, 2020 SPR20/0952 Dianne K. Bucco, CMC/CMMC Wenham Town Clerk Justice of the Peace 138 Main Street Wenham, MA 01984 Dear Ms. Bucco: I have received the petition of Patrick Waddell appealing the response of the Town of Wenham (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 24, 2020, Mr. Waddell requested “the minutes of the December 2, 2019 Executive Session.” Previous Appeal This request was the subject of a previous determination. See SPR20/0867 Determination of the Supervisor of Records (June 15, 2020). In my June 15th determination, I found the Town provided a supplemental response dated June 15, 2020. Unsatisfied with the Town’s response, Mr. Waddell petitioned this office and SPR20/0952 was opened as a result. Current Appeal In its June 15th response, the Town states “the Board of Selectmen reviewed the executive session minutes on its consent agenda during its May 12, 2020 meeting prior to the request for such minutes…[a]s is evident from the minutes, the Board approved the minutes at issue and determined that the purpose of such executive sessions had not expired.” The Town further indicates “[t]he Board has not met again to review such minutes since receipt of the public records request for the same. Instead, based upon the previous action taken by the Board, this is to notify you that the Board withheld such minutes pursuant to G.L. c. 30A, s. 21(a)(1) as it operates through exemption (a) of the Public Records Law, as the executive session involved discussion of a complaint against a public official and contains personal and personnel information.” In Mr. Waddell’s appeal, he states “…I believe the privacy concerns cited here are both wrongly applied with regard to the perpetrator and easily cured by redaction of the complainant's 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

Dianne K. Bucco SPR20/0952 Page 2 June 29, 2020 na[me]…[o]n May 12, 2020, the minutes in question were approved by consent agenda, which by definition precludes discussion. I filed two requests on May 24, 2020 for the Executive Session minutes noted above. Per the OML, the minutes should have been reviewed at the next Board of Selectmen's meeting, which occurred on June 2, 2020.” Open Meeting Law Mr. Waddell’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 Meeting Law falls within the authority of the Office of the Attorney General (AGO) and not this office, I decline to provide a determination as to the content of the executive session minutes at this time. See G. L. c. 30A, § 23. It is recommended that you contact the AGO should you seek determination on this issue. Sincerely, Rebecca S. Murray Supervisor of Records cc: Patrick Waddell Janelle M. Austin, Esq.