Shira Stoll v. Boxborough, Town of - Town Clerk (SPR 20221247)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 9, 2022 SPR22/1247 Rebecca J. Harris, Ph.D. Town Clerk Town of Boxborough 29 Middle Road Boxborough, MA 01719 Dear Dr. Harris: I have received the petition of Shira Stoll appealing the response of the Town of Boxborough (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 2, 2022, Ms. Stoll requested: 1. Any payroll records from November 2020 through present of [a named individual;] 2. The entire internal affairs file for any complaints against [a named individual;] 3. Any written communication including but not limited to an email, letter or text message between a town employee and/or elected town official and [a named individual] notifying him of a change in job status from November 30, 2020 through present[;] 4. Any written communication including but not limited to an email, letter or text message between a town employee and/or elected town official and [a named individual] notifying him of a change in job status from November 30, 2020 through present[;] 5. A copy of the police fiscal year 2022-2023 budget[;] 6. Executive session minutes from meetings starting from November 2020 through present where [a named individual] was discussed[.] On May 13 and May 26, 2022, the Town responded. Unsatisfied with the Town’s response, Ms. Stoll petitioned this office and this appeal, SPR22/1247, 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 agency or 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

Rebecca J. Harris, Ph.D. SPR22/1247 Page 2 June 9, 2022 municipality 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. Att’y 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 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. Current Appeal In her appeal, Ms. Stoll is appealing the Town’s response to withhold the “executive session minutes starting from November 2020 through present where [a named individual] was discussed.” Open Meeting Law It appears Ms. Stoll’s appeal is related to the release of executive session minutes, which would raise issues under the Open Meeting Law. See G. L.c. 30A, § 22(f). The authority to opine on Open Meeting Law matters, including executive session meeting minutes, and documents pertaining to each of the executive session meetings, rests with the Open Government Division of the Office of the Attorney General (AGO). See G. L. c. 30A, § 23. Therefore, I decline to opine on the request pertaining to the executive session meetings. I advise the parties to consult with the AGO regarding the sessions and records pertaining to the sessions. Accordingly, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Shira Stoll