Stephanie Saunders v. Cohasset, Town of - Town Clerk (SPR 20252801)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 3, 2025 SPR25/2801 Elisabeth Legge Town Clerk Town of Cohasset 41 Highland Avenue Cohasset, MA 02025 Dear Ms. Legge: I have received the petition of Stephanie Saunders appealing the response of the Town of Cohasset (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 12, 2025, Ms. Saunders requested “Select Board Executive Session minutes from November 12, 2024.” The Town responded on August 27, 2025. Unsatisfied with the response, Ms. Saunders petitioned this office, and this appeal, SPR25/2801, 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

Elisabeth Legge SPR25/2801 Page 2 October 3, 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 Town’s August 27th Response In its August 27, 2025 response, the Town stated, “[t]here are no adopted minutes for the Select Board’s November 12, 2024, executive session meeting.” Current Appeal In her appeal, Ms. Saunders states, “I am writing to appeal the decision of the Cohasset Select Board to not supply me with minutes from their November 12, 2024 Executive Session … My understanding is that municipalities are required to keep meetings of executive sessions.” Based on Ms. Saunders’ petition and the Town’s response, it is unclear if the Town possesses records responsive to the request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Additionally, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the Town must clarify whether it possesses responsive records. If responsive records existed and were destroyed, the Town must clarify whether it has complied with the relevant records retention schedule. Open Meeting Law The nature of Ms. Saunders appeal raises issues related to the Open Meeting Law, rather than the Public Records Law. See G. L. c. 30A, § 22. Specifically, Ms. Saunders contends that the Town has not complied with the requirement to keep minutes of a public body meeting in executive session. 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 any alleged violations of the Open Meeting Law. Conclusion Accordingly, the Town is ordered to provide Ms. Saunders with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. Saunders may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Elisabeth Legge SPR25/2801 Page 3 October 3, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Stephanie Saunders