Stephen J. Morgan v. Ashland, Town of - Public Schools (SPR 20212974)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 19, 2021 SPR21/2974 Tara Ward Ashland Public Schools 87 West Union Street Ashland, MA 01721 Dear Ms. Ward: I have received the petition of Stephen Morgan appealing the response of the Ashland Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 4, 2021, Mr. Morgan requested “. . . public records including the meeting minutes and documents from the meeting be posted or provided via email. (10/21/2021 School Committee Meeting)[.] Also just so it 100% clear that the complaint requested actions include that the minutes and documents from the improper executive session be posted or provided by email.” The School provided a response on November 9, 2021, which included responsive records. However, the School withheld the executive session minutes under Exemption (a) of the Public Records Law. Unsatisfied with the School’s response, Mr. Morgan petitioned this office and this appeal, SPR21/2974, 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(b)(iv); 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). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be 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

Tara Ward SPR21/2974 Page 2 November 19, 2021 provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The School’s November 9th response In its November 9, 2021 response, the School states that the “. . . Committee has not reviewed the requested executive session minutes to determine whether they may be released. Therefore, they are exempt in their entirety from the definition of public records pursuant to . . . Exemption (a). Executive session minutes are specifically exempted from disclosure under the Open Meeting Law, M.G.L. c. 30A, § 22(f) (‘The minutes of any executive session, the notes, recordings or other materials used in the preparation of such minutes and all documents and exhibits used at the session, may be withheld from disclosure to the public in their entirety . . . as long as publication may defeat the lawful purposes of the executive session . . . .’” The School’s response and Mr. Morgan’s 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 decline to address those issues 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. Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Stephen Morgan