Shirley Lamb v. Monson, Town of - Town Clerk (SPR 20230508)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 29, 2023 SPR23/0508 Mary F. Watson Town Clerk Town of Monson 110 Main Street Monson, MA 01057 Dear Ms. Watson: I have received the petition of Shirley Lamb appealing the response of the Town of Monson (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 10, 2023, Ms. Lamb requested “…all minutes for executive sessions from 2018 through 2019, 10 in all, listed on the January 10, 2023 SB meeting and that were approved at that meeting.” The Town responded on February 8, 2023. Unsatisfied with the Town’s response, Ms. Lamb petitioned this office and this appeal, SPR23/0508, was opened as a result. Ms. Lamb also requested the status of an appeal from last year requesting “[a]ll emails from TA to Select Board for the past 2 weeks to present day—dated March 31, 2022.” Unfortunately, this request is over ninety days. Ms. Lamb may make a new request to the Town for the same information. The Town would then have ten business days in which to respond to her new request. G. L. c. 66, § l0(a)-(b). If the Town denies her request or fails to respond within ten business days, she may appeal to this office within the above timeframe. At that time this office will review the matter. 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 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

Mary F. Watson SPR23/0508 Page 2 March 29, 2023 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). The Town’s February 8th response In its February 8, 2023 response, the Town stated that “I will forward your email below to [an identified individual] regarding the executive session minute status and when they will become available. Keep in mind that executive session minutes will be redacted if there is pending litigation ....” In a conversation between a Town representative and a staff attorney of the Public Records Division, the Town confirmed that the records sought by Ms. Lamb are minutes of an executive session of the Town Select Board and therefore relate to Open Meeting Law. 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: Shirley Lamb 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