Paul DeMeo v. Gardner, City of - Community Development & Planning (SPR 20222557)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 23, 2022 SPR22/2557 Trevor Beauregard Director Department of Community Development and Planning Authority 115 Pleasant Street Gardner, MA 01440 Dear Mr. Beauregard: I have received the petition of Paul DeMeo appealing the response of the Department of Community Development and Planning Authority (Department) to a request for public records. G. L. c. 66, § l0A; see also 950 C.M.R. 32.08(1). On October 31, 2022, Mr. DeMeo requested the official meeting minutes of specified Open Space and Recreation Plan Steering Committee meetings. The Department responded on November 9, 2022. Unsatisfied with the Department’s response, Mr. DeMeo petitioned this office and this appeal, SPR22/2557, 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 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(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 establishing the applicability of an exemption).

Trevor Beauregard SPR22/2557 Page 2 November 23, 2022 The Department’s November 9th response In its November 9, 2022 response, the Department stated that “[t]he meeting minutes should now be posted on the City’s website with the exception of the June 16, 2022 meeting which I was told the recorder did not record so minutes were not produced.” Current appeal In his appeal petition, Mr. DeMeo states that he “…[does] not agree with the response from Trevor Beauregard as to [his] Public Records request” and that “…[the custodian] openly admits public meeting minutes were not taken.” Open Meeting Law The Department’s response and Mr. DeMeo’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. I encourage the parties to contact the Office of the Attorney General for a determination on this matter. Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Paul DeMeo