Stephanie Saunders v. Cohasset, Town of - Town Clerk (SPR 20253684)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 29, 2025 SPR25/3684 Elizabeth 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 December 9, 2025, Ms. Saunders requested, “[m]inutes and video recording from Cohasset Select Board meeting Tuesday, December 2, 2025 Executive Session Exemption #6 – to consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on negotiating position of the public body.” The Town responded on December 15, 2025. Unsatisfied with the Town’s response, Ms. Saunders petitioned this office and this appeal, SPR25/3684, 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. Att’y 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 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

Elizabeth Legge SPR25/3684 Page 2 December 29, 2025 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 December 15th Response In its December 15, 2025 response, the Town cited the Open Meeting Law as it operates through Exemption (a) of the Public Records Law. See G. L. c. 4, § 7(26)(a). Current Appeal In her December 15, 2025 petition to this office, Ms. Saunders stated, “I see no reason that producing minutes from a Select Board session discussing real estate lease or purchase should be withheld from the public…” Open Meeting Law In its December 15th response, the Town stated: The purpose of the December 2, 2025 Select Board Executive Session is ‘[t]o consider the purchase, exchange, lease or value of real property’ as ‘the chair declare[d] that an open meeting may have a detrimental effect on the negotiating position of the public body’… During the Executive Session, the Board voted to table their discussion, so the lawful purpose for the Executive Session…remains ongoing and the release of the minutes would defeat the purpose of the Executive Session… The nature of the Town’s response and Ms. Saunders’ appeal 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.

Elizabeth Legge SPR25/3684 Page 3 December 29, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Stephanie Saunders Carolyn M. Murray, Esq.