Brian Keaney v. Dedham, Town of - Public Schools (SPR 20211892)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 9, 2021 SPR21/1892 Tracey White Chairperson Town of Dedham School Committee 100 Whiting Avenue Dedham, MA 02026 Dear Ms. White: I have received the petition of Brian Keaney appealing the response of the Town of Dedham School Committee (Committee) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 18, 2021, Mr. Keaney requested copies of Executive Session minutes of the Committee from specific dates in 2013 – 2019. On July 30, 2021, on behalf of the Committee, you responded to Mr. Keaney stating, “I did tell you that we would vote on the minutes you requested at our July meeting. I was hopeful that we could make that happen, the [Committee] will be voting on these at our August 18th meeting.” Unsatisfied with the Committee’s response, on July 30, 2021, Mr. Keaney petitioned the Supervisor of Records (Supervisor), and this appeal was opened. Mr. Keaney objects to the Committee not voting in July and delaying the vote to release the Executive Session minutes on August 18, 2021. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends 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

Tracey White SPR21/1892 Page 2 August 9, 2021 to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). Open Meeting Law The Committee’s July 30th response and Mr. Keaney’s July 30th appeal raise issues related to the Open Meeting Law, rather than the Public Records Law. See G. L. c. 30A, § 22(f). Given that an interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General and not this office, I am unable to address the issue regarding voting for the release of the Executive Session minutes in this determination. See G. L. c. 30A, § 23. If unresolved issues remain, I encourage the parties to contact the Office of the Attorney General for a determination on the status of the executive session minutes in question. Accordingly, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Brian Keaney