Stephen J. Morgan v. Ashland, Town of - Office of the Town Clerk (SPR 20231992)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 7, 2023 SPR23/1992 Cindy Livingstone Town Clerk Town of Ashland 101 Main Street, First Floor Ashland, MA 01721 Dear Ms. Livingstone: I have received the petition of Stephen J. Morgan appealing the response of the Town of Ashland (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 7, 2023, Mr. Morgan requested meeting minutes of the Planning Board from open meetings including July 13, 2023, June 29, 2023, June 8, 2023 and May 25, 2023. On August 21, 2023, the Town provided Mr. Morgan with the Planning Board meeting minutes of May 25th, June 8th and June 29th. In addition, the Town advised Mr. Morgan that once the July 13th meeting minutes are approved they will be posted. The May 25th and June 8th meeting minutes were provided as approved minutes, and the June 29th minutes were provided in draft form. As a result of the Town indicating that it would not provide the July 13th minutes until they were approved, Mr. Morgan petitioned the Supervisor of Records, and this appeal was opened. In his petition, Mr. Morgan asserts, “[t]he concern here is in response the [T]own claims they do not need to comply with the [P]ublic [R]ecords [L]aw regarding certain meetings until minutes are approved under 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 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

Cindy Livingstone SPR23/1992 Page 2 September 7, 2023 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) (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). 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. Subsequently, on August 31, 2023, the Town provided Mr. Morgan with a copy of the July 13th Planning Board Meeting Minutes in draft form. It my understanding that Mr. Morgan has now received all four sets of the Planning Board Meeting Minutes that he requested on August 7, 2023. Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Stephen J. Morgan Lisa L. Mead, Esq., Mead, Talerman & Costa, LLC