Jacquelyn Wehtje v. Fitchburg, City of (SPR 20242914)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 5, 2024 SPR24/2914 Joanna Bilotta-Simeone City Clerk City of Fitchburg 718 Main Street Fitchburg, MA 01420 Dear Ms. Bilotta-Simeone: I have received the petition of Jacqueline Wehtje appealing the response of the City of Fitchburg (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 15, 2024, Ms. Wehtje requested “… the executive session minutes of [the Fitchburg Agricultural Commission’s] April 4, 2023 meeting.” The City provided a response on October 24, 2024. Unsatisfied with the City’s response, Ms. Wehtje petitioned this office and this appeal, SPR24/2914, 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(b)(iv); 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). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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. 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

Joanna Bilotta-Simeone SPR24/2914 Page 2 November 5, 2024 The City’s October 24th Response In its October 24, 2024 response, the City informed Ms. Wehtje that “[t]he [Agricultural] Commission previously voted to retain the requested April 4, 2023 Executive Session meeting minutes, as this issue is still active.” Current Appeal In her October 24, 2024 petition to this office, Ms. Wehtje objected to the City’s response, arguing that “… the Agricultural Commission officers themselves stated prior to their October 1, 2024 meeting that they have no pending transactions/purchases of agricultural land. As such, there is no basis for keeping the records hidden.” Open Meeting Law The nature of Ms. Wehtje’s request and the City’s October 24th response 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 this issue 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 the status of the executive session minutes. Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Jacqueline Wehtje