Cindy King v. Townsend, Town of (SPR 20232616)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 10, 2023 SPR23/2616 Kathleen Spofford Town Clerk Town of Townsend 272 Main Street Townsend, MA 01469 Dear Ms. Spofford: I have received the petition of Cindy King appealing the response of the Town of Townsend (Town) to her request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 6, 2023, Ms. King requested “a copy of any audio or video recordings from [the BOS Executive Session meeting on August 29, 2023] as well as any draft meeting minutes and any documents provided during the meeting.” The Town provided a response on September 7, 2023. Unsatisfied with the response, Ms. King petitioned this office and this appeal, SPR23/2616, 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

Kathleen Spofford SPR23/2616 Page 2 November 10, 2023 Current appeal In her appeal, Ms. King argues that “the purpose of the meeting being in executive session [is] [moot] as they have discussed at great length publicly the contents of the meeting.” The Town’s September 7th response In its September 7, 2023 response, the Town states that “[t]his public records request must be denied,” because “[t]he Board of Selectmen determined that executive session minutes for the meeting held on August 29, 2023 should remain confidential because publication would defeat the lawful purposes of the executive session.” 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: Cindy King