Brian Keaney v. Dedham, Town of - Town Clerk (SPR 20212041)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 24, 2021 SPR21/2041 Paul M. Munchbach Town Clerk/Records Access Officer Dedham Town Hall 450 Washington Street Dedham, MA 02026 Dear Mr. Munchbach: I have received the petition of Brian Keaney appealing the response of the Town of Dedham (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 7, 2020, Mr. Keaney submitted a request for several Selectmen meeting minutes within the possession of the Town. Previous appeals This request was the subject of previous appeals. See SPR21/0076 Determination of the Supervisor of Records (January 28, 2021); SPR21/0229 Determination of the Supervisor of Records (February 16, 2021). The Town last responded on January 29, 2021. Mr. Keaney now petitions this office and this appeal, SPR21/2041, was opened as a result. 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(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends 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 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

Paul M. Munchbach SPR21/2041 Page 2 August 24, 2041 establishing the applicability of an exemption). The Department’s January 29th response In its January 29th response, the Town responded and stated that, “… the minutes highlighted below in red are complete and would be redacted in their entirety due to the subject matter of the Executive Session, mainly ongoing collective bargaining or litigation pursuant to the Open Meeting Law as it operates through exemption (a). Where Mr. Keaney has indicated he does not need physical copies of the same if the minutes would be redacted, they are not attached to this e-mail.” Current Petition In his petition dated August 13, 2021, Mr. Keaney stated, “[o]n December 7, 2020, I requested copies of the minutes of a number of executive session minutes from the Dedham Select Board. See SPR21/0076 and SPR21/0229 [and] in the spring, Town Counsel … offered a training on the Open Meeting Law. In an exchange … she acknowledges that while she disagrees, the Attorney General has ruled that ‘as soon as a contract is signed,’ there is no longer a valid reason to withhold executive session minutes that discuss contract negotiations.” Mr. Keaney further explained, “[h]aving received neither the documents I requested nor a valid exemption … I attended the Select Board's meeting to complain [and] requested previously requested minutes].” Mr. Keaney concluded by stating, “I thus appeal their withholding and ask you to order the Town to release them.” Open Meeting Law Given that this appeal is related to documents received and used by the Town during an executive session, this raises issues that potentially invoke the Open Meeting Law. Seeing that an interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO) and not this office, I decline to provide a determination under the Public Records Law at this time. See G. L. c. 30A, § 23. It is recommended that you contact the AGO should you seek a determination on this issue. Sincerely, ~ .f)A - ... _ ,· I - . , ~' . - , . Rebecca S. Murray Supervisor of Records cc: Brian Keaney