Allison Glennon v. Pembroke, Town of - Town Administrator (SPR 20253672)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 29, 2025 SPR25/3672 William Chenard Town Manager Town of Pembroke 100 Center Street, Room 10 Pembroke, MA 02359 Dear Mr. Chenard I have received the petition of Allison Glennon appealing the response of the Town of Pembroke (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 2, 2025, Ms. Glennon requested the following: [1] All annual and performance reviews of [an identified individual] by the Select Board in the years 2022 – 2025. Including all supporting documents including the written evaluations completed by each Select Board member, any evaluations written by other town employees, self evaluation, goal setting documents, progress reports and any other data, notes and rubrics established for the annual reviews. [2] Paycheck records or equivalent records (e.g., pay stubs, salary amounts by pay period) for [an identified individual] for May 1, 2025 to current; showing gross pay, pay period dates, stipends, overtime (if any), and employer-paid benefits/allowances. [3] [An identified individual’s] Town Manager contract for July 1, 2023 – June 30, 2026 and all amendments, including any salary or benefit adjustments approved during that term. [4] Executive Session Minutes regarding [an identified individual’s] contract and/or salary from January 22, 2025, June 4, 2025, June 11, 2025 and any date in 2025 in which the same topic was discussed. If these executive session minutes are not available to the public, when will they be released? 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

William Chenard SPR25/3672 Page 2 December 29, 2025 [5] All open session action by the Select Board from 2025 when [an identified individual’s] contract and salary were voted on in a public meeting… The Town responded on September 16, 2025, September 25, 2025, October 17, 2025, and December 9, 2025. Unsatisfied with the Town’s responses, Mr. Glennon petitioned this office and this appeal, SPR25/3672, 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. The Town’s September 16th, September 25th, October 17th, and December 9th Responses In its September 16, 2025 response, the Town provided responsive documents to Items 1, 2, and 3 of the request. Regarding Item 4, the Town stated: These minutes were reviewed at the Select Board’s meeting of September 10, 2025 where the Board determined that certain matters remain ongoing and therefore disclosure of the minutes or portions thereof is premature at this time. The Select Board also directed staff to redact those portions of the minutes and it is anticipated that release of any non-exempt meeting minutes will occur by the end of the week. Regarding Item 5, the Town stated, “[t]he Town has conducted a diligent search and has no records responsive to your request. There will be a vote in open session of the Select Board’s next meeting scheduled for Wednesday, September 17, 2025…” On September 25, 2025, Ms. Glennon inquired when she would receive the executive session minutes response to Item 4.

William Chenard SPR25/3672 Page 3 December 29, 2025 In its September 25, 2025 response, regarding Item 4, the Town provided responsive executive session minutes subject to redactions under the Open Meeting Law, Exemption (c) of the Public Records Law, and the attorney-client privilege. Regarding Item 5, the Town stated, “[t]he Pembroke Select Board voted in open session at last evening’s meeting,” and provided a responsive video link. In its October 17, 2025 response, the Town stated: We apologize for the delay in issuing reviewed executive session minutes… The Board and town counsel have reviewed all other requested executive session minutes produce[d] in the last 24 months and these were omitted from them through a clerical error; all reviewed and available for release executive session minutes have been provided to you… At their meeting of Thursday, October 16, 2025, the Pembroke Select Board postponed the action on the requested executive session minutes (January 22, 2025, April 9, 2025, June 26, 2024 and March 6, 2024) until their next regularly scheduled meeting (November 5, 2025) as there was a board member not in attendance at the meeting last night. The Board will be meeting for Town Meeting on October 21, 2025 for that sole purpose, which is subject to other legal requirements not governed under Open Meeting Law. We will follow up with you on the updated status of these minutes on the morning of November 6, 2025… In its December 9, 2025 response, the Town provided “Select Board executive session meeting minutes… [i]n accordance with a Select Board vote on November 5, 2025.” The Town redacted the minutes pursuant to the Open Meeting Law, as it operates through Exemption (a) of the Public Records Law, as well as Exemption (c) and the attorney-client privilege. The Town explained further: Under G. L. c. 30A, §22(f), executive session meeting minutes are not subject to public disclosure until such time as the purpose of the executive session has expired. Where the information redacted from the April 9, 2025 minutes concerns pending litigation matters, the purpose for the executive session has not yet expired. Similarly, the purpose for the executive session on January 22, 2025 has not yet expired. Current Appeal In her appeal petition, Ms. Glennon argued that the Town’s redactions are improper and stated that “the Town’s own records establish that the purpose of the executive session has expired.”

William Chenard SPR25/3672 Page 4 December 29, 2025 Open Meeting Law Ms. Glennon’s appeal petition, along with the Town’s responses, raise issues potentially related to the Open Meeting Law. See G. L. c. 30A, § 22(f). Given that an interpretation of the Open Meeting Law falls within the authority of the Attorney General’s Office (AGO) and not this office, I am unable to address those issues in this determination. See G. L. c. 30A, § 23. I encourage the parties to contact the AGO for a determination on the status of the executive session minutes. Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Allison Glennon