Alan J. Dias v. Hanson Board of Health (SPR 20221270)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 14, 2022 SPR22/1270 Theresa Cocio Town of Hanson Board of Health 542 Liberty Street Hanson, MA 02341 Dear Ms. Cocio: I have received the petition of Alan J. Dias appealing the response of the Town of Hanson Board of Health (Board) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 9, 2022, Mr. Dias requested the following documents: “…Board’s meeting [a]genda for April and May 2022, and the [Board’s] meeting minutes for April 2022.” In Mr. Dias’ May 31, 2022 petition to the Supervisor of Records (Supervisor), Mr. Dias asserts: “1. The April 5, 2022 agenda appears to be revised. All of the agendas’ should have been provided and [there] was no Town Clerks stamp that this is or was the correct agenda; 2. The May 10, 2022 agenda appears to be revised and has no Town Clerk stamp that this is, or was the correct agenda; and 3. The April 5, 2022 meeting minutes fail to indicate if they [are] draft minutes, approved minutes, and have no documents, and or copies of the agenda items discussed, as required by the Open Meeting Law.” 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). Based on Mr. Dias’ petition to this office, it is unclear whether the Board has additional records responsive to Mr. Dias’ May 9th request; such as, additional Board meeting agendas, and whether the Board has in its possession, custody and control any records that may have been 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

Theresa Cocio SPR22/1270 Page 2 June 14, 2022 discussed at the April 5, 2022 meeting. I find that the Board must clarify whether it has additional responsive records. Open Meeting Law Mr. Dias’ appeal also raises issues related to the Open Meeting Law (OML). Mr. Dias’ petition to this office asserts that the April 5th and May 10, 2022 Board agenda appears to be revised; no Town Clerks’ stamp appears on the Board’s meeting agendas, and the April 5th Board meeting minutes fail to indicate if they are draft minutes or approved minutes. Given that an interpretation of the OML 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. Therefore, I encourage the parties to contact the Office of the Attorney General for a determination on the status of the OML procedural issues concerning the Board’s April 5th and May 10th meeting agenda’s and meeting minutes. Conclusion Accordingly, the Board is ordered to provide Mr. Dias with a response to his request concerning additional meeting agendas for the Board’s April 5, 2022 meeting, in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, ~ ~-· er ./J .A • ~ ~ - ~ .. .. Rebecca S. Murray Supervisor of Records cc: Alan J. Dias