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Rich Saltzberg v. Oak Bluffs, Town of - Town Administrator (SPR 20210336)

Massachusetts Public Records Appeal · Administratively closed · Filed 02-10-2021

ClosedAppealResolved

SPR 20210336 is a Massachusetts Public Records Law appeal filed by Rich Saltzberg concerning records held by Oak Bluffs, Town of - Town Administrator, opened 02-10-2021. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Administratively closed.

Case Details

Case Number
20210336
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Rich Saltzberg
Custodian
Oak Bluffs, Town of - Town Administrator
Date Opened
02-10-2021
Date Closed
02-24-2021
Date Request Submitted
01-20-2021
Petitions Regarding Fees
No
Time to Comply
1 Business Day
Went to Court
No

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 24, 2021 SPR21/0336 Robert L. Whritenour, Jr. Town Administrator/Public Records Access Officer Town of Oak Bluffs P.O. Box 1327 Oak Bluffs, MA 02557 Dear Mr. Whritenour: I have received the petition of Rich Saltzberg of the Martha’s Vineyard Times appealing the response of the Town of Oak Bluffs (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). In 2 separate emails on January 20, 2021, Mr. Saltzberg requested all 2017, 2018, 2019, and 2020 Board of Selectmen (Board) executive session minutes. The Town provided a response on January 21, 2021. In the Town’s January 21st response, you asserted, “[a]s you know, by their nature, executive session minutes are not considered public documents that I may immediately provide. We will assemble these records for a review by the Board to determine which records are no longer required to be kept confidential, and I will provide you with copies of any such documents as soon as I am authorized.” As a result, Mr. Saltzberg petitioned the Supervisor of Records (Supervisor), and this appeal was opened. Open Meeting Law Whereas Mr. Saltzberg’s requests for executive session minutes pertain to the Open Meeting Law, I must decline to opine on this petition. An interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO), not this office. See G. L. c. 30A, § 23. It is recommended that you contact the AGO should you seek a determination on this issue. Accordingly, I consider this administrative appeal closed. 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

Robert L. Whritenour, Jr. SPR21/0336 Page 2 February 24, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Rich Saltzberg, Martha’s Vineyard Times