Katherine A. Connolly v. Holbrook, Town of - Town Clerk (SPR 20222949)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 11, 2023 SPR22/2949 Gregory Hanley Town Administrator Town of Holbrook 50 North Franklin Street Holbrook, MA 02343 Dear Mr. Hanley: I have received the petition of Katherine A. Connolly appealing the response of the Town of Holbrook (Town) to a request for public records. G. L. c. 66, § l0A; see also 950 C.M.R. 32.08(1). On October 28, 2022, Ms. Connolly requested “…minutes of the Holbrook Select Board meeting held on May 3, 2022 for both the Open and Executive Sessions.” The Town responded on November 4, 2022. Unsatisfied with the Town’s response, Ms. Connolly petitioned this office and this appeal, SPR22/2949, 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). 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

Gregory Hanley SPR22/2949 Page 2 January 11, 2023 The Town’s November 4th response In its November 4, 2022 response, the Town provided the requester with the open session minutes, but stated “[t]he Executive Session Minutes for this meeting date have not been approved to be released.” Open Meeting Law The Town’s response raises 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. Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Katherine A. Connolly