Tom Stalker v. New Marlborough, Town of - Town Clerk (SPR 20201649)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 24, 2020 SPR20/1649 Mari Enoch Town Administrator Town of New Marlborough P.O. Box 99 Mill River, MA 01244-0099 Dear Ms. Enoch: 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 July 31, 2020, Mr. Stalker requested: “audio recording of Cable Advisory meeting held July 15, 2020; audio recording of Finance Committee meeting held July 9, 2020, and audio recording of Cultural Council meeting held July 16, 2020.” Also on July 31st, Town Clerk Katherine Chretien informed Mr. Stalker that she forwarded the request to the Chairs of each department for a response of audio minutes. On August 10, 2020, the Town provided Mr. Stalker with the audio recording for the July 16th meeting of the Cultural Council; however, the Town did not provide the audio recording of the Cable Advisory meeting or the Finance Committee. As a result, Mr. Stalker petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In a September 23, 2020 telephone conversation, Town Clerk Chretien informed a Senior Attorney in the Public Records Division that she does not have possession of the audio recordings from the Cable Advisory Committee or the Finance Committee meetings requested by Mr. Stalker. When a request comes in for the committees, she forwards the request to the Chair persons of the particular committees. This office was informed that Steven Klein is the Chair of both the Cable Advisory Committee and the Finance Committee (Committees). On September 23rd, this office also spoke with Mr. Stalker, the requestor of the records, and learned that he has not received the requested audio recordings or any further response from Mr. Klein informing him when the recordings will be provided to him. It is my understanding that Mr. Stalker contacted the Office of the Attorney General (AGO), Division of Open Government regarding the request and filed a complaint. Mr. Stalker indicates the AGO notified him on August 29th that an investigation into the method of recording the meetings, and the claim 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

Mari Enoch SPR20/1649 Page 2 September 24, 2020 that the Committee cannot make a copy of the recordings. Given that an interpretation of processes and procedures for recording meetings under the Open Meeting Law falls within the authority of the AGO and not this office, I decline to opine any further on this request. See G. L. c. 30A, § 23. This administrative appeal is closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Tom Stalker