Gerrit Blauvelt v. North Adams, City of - City Administrator (SPR 20202242)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 2, 2020 SPR20/2242 Jessica Lincourt Records Access Officer City of North Adams 10 Main Street North Adams, MA 01247 Dear Ms. Lincourt: I have received the petition of Gerrit Blauvelt appealing the response of the City of North Adams (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Blauvelt requested meeting minutes from the North Adams Airport Commission, including from the period 1989-90 and 1995-2004. Previous Appeal This request has been the subject of a previous appeal. See SPR20/2031 Determination of the Supervisor of Records (November 4, 2020). In my November 4th determination, I found it was unclear whether the City possesses any additional responsive records and whether the City has complied with the Massachusetts Municipal Records Retention Schedule in maintaining records. The City responded on November 16, 2020, indicating that it was unable to find additional records responsive to Mr. Blauvelt’s request. Unsatisfied with this response, Mr. Blauvelt petitioned this office and this appeal, SPR20/2242, was opened as a result. Current Appeal In its initial responses to Mr. Blauvelt, the City provides Airport Commission minutes from 1960-62, and indicates that it does not possess additional minutes from the requested years, including 1989-90 and 1995-2004. In an October 26, 2020 email to this office, the City explains that after a search, it is unable to locate these records. In an October 14, 2020 email to Mr. Blauvelt, a representative from the Commission states that “[i]t was not necessary back then to keep copies of the airport minutes[.]” In its November 16, 2020 response, the city states that “It has been concluded by the city that the records you had previously requested do not exist. A thorough search of the archives at City Hall did not produce the records you are seeking.” The City additionally states that it 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

Jessica Lincourt SPR20/2242 Page 2 December 2, 2020 contacted the current manager of the North Adams airport, however, he does not possess any of the requested minutes. The issues raised in Mr. Blauvelt’s appeals and the City’s responses raise concerns regarding the records management practices of the City with respect to meeting minutes of the Airport Commission. The City is advised that public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a). The City must institute safeguards to ensure that all records are retained in accordance with both applicable law as well as the retention schedules promulgated by this office. G. L. c. 66, §§ 1, 8, 13, 15. I advise the City to review the Records Retention Manual, available online at https://www.sec.state.ma.us/arc/arcpdf/Municipal_Retention_Schedule_20200406.pdf. In particular, retention schedule 01.1074 provides for the permanent retention of “the final version of the minutes of a meeting of a public body….” In addition, training workshops on records management are conducted upon request. Please contact the Records Management Unit (RMU) at 617-727-2816 to request assistance. The RMU operates under the authority of the Supervisor of Records, assisting state and local government entities in creating, managing, securing, and preserving records needed to conduct business and protect the rights and obligations of citizens and government. As the City has confirmed that no additional records responsive to this request exist, I will now consider this administrative appeal closed. However, as noted above, the City is advised that it has a responsibility to maintain records in accordance with applicable law, and to contact this office to obtain permission when disposing of public records. Sincerely, Rebecca S. Murray Supervisor of Records cc: Gerrit Blauvelt