Tom Stalker v. New Marlborough, Town of - Town Clerk (SPR 20201025)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 9, 2020 SPR20/1025 Kathy Chretien Town Clerk Town of New Marlborough 807 Mill River Southfield Road Mill River, MA 01244-0099 Dear Ms. Chretien: I have received the petition of Tom Stalker appealing the response of the Town of New Marlborough (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on June 9, 2020, Mr. Stalker requested: “Finance Committee [m]inutes for: January 16, 2020; January 30, 2020; February 20, 2020; February 27, 2020; March 26, 2020; April 23, 2020; April 29, 2020; May 8, 2020 and May 15, 2020. A draft should be provided for any minutes which have not, as of yet, been approved. I would like to receive the information via email.” As a result of the Town’s June 9th response, in which he received responsive records, Mr. Stalker petitioned the Supervisor of Records (Supervisor) on June 27, 2020, and this appeal was opened. Mr. Stalker expresses that as of June 27th, he did not receive any further correspondence or additional responsive minutes from the Town. Mr. Stalker notes that the May 8th meeting minutes of the Finance Committee were posted to the Town’s website; however, the minutes that were already provided to him have not been posted to the Town’s website. Appeals to the Supervisor I note that in petitioning the Supervisor for an appeal Mr. Stalker did not provide a copy of his petition for an appeal to the Town. After this appeal was opened, a Senior Attorney in the Public Records Division provided the Town with a copy of the appeal file. Mr. Stalker is reminded that under the requirements in the Public Records Law when petitioning the Supervisor for an appeal, the requestor shall provide a copy of such petition to the Records Access Officer associated with such petition. See 950 C.M.R. 32.08(1)(h). After providing the Town with notice of the appeal and a copy of Mr. Stalker’s petition for an appeal, it is unclear whether the Town’s Finance Committee has further responsive 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

Kathy Chretien SPR20/1025 Page 2 July 9, 2020 meeting minutes that can be provided to Mr. Stalker, or posted on the Town’s website. I find that the Town must clarify this issue regarding the meeting minutes that have not been provided to Mr. Stalker. Open Meeting Law Mr. Stalker is advised, while the Supervisor of Records has authority over the Public Records Law, his appeal has revealed possible issues pertaining to drafting and releasing meeting minutes under the Open Meeting Law. See G. L. c. 30A, § 23. 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, the parties may wish to contact the AGO about this matter. Conclusion Accordingly, the Town is ordered to provide Mr. Stalker with a response pertaining to the responsive meeting minutes that have not been provided, in a manner consistent with this order, the Public Records Law and its Regulations as soon as practicable. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Tom Stalker