Meghan Dube v. Cannabis Control Commission (SPR 20250390)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 12, 2025 SPR25/0390 Michael Bergquist, Esq. Associate General Counsel Cannabis Control Commission 50 Franklin Street Boston, MA 02110 Dear Attorney Bergquist: I have received the petition of Meghan Dube appealing the response of the Cannabis Control Commission (Commission) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 5, 2024, Ms. Dube requested “… any 11/25/24 and 12/4/24 Executive Session recordings/minutes related to deliberations and selection of the next CCC Executive Director.” The Commission provided a response on December 26, 2024. Unsatisfied with the Commission’s response, Ms. Dube petitioned this office and this appeal, SPR25/0390, 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. 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

Michael Bergquist, Esq. SPR25/0390 Page 2 February 12, 2025 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. The Commission’s December 26th Response In its December 26, 2024 response, the Commission stated: Executive sessions may properly be held for one or more of the ten purposes recognized in Chapter 30A. The Commission held both meetings pursuant to the purpose 2 which allows a public body to meet in executive session to conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel … Minutes for the November 25th and December 4th executive sessions will be released at a future regularly scheduled triennial review of executive session minutes after the purpose of those meetings has been served. Current Appeal In her February 10, 2025 petition to this office, Ms. Dube sought public disclosure of the requested records. Open Meeting Law The nature of Ms. Dube’s request and the Commission’s December 26th 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: Meghan Dube