Executive Session Minutes (Plymouth County) (Brockton City Clerk)

Caitlin Russell filed this request with the Brockton City Clerk of Brockton, MA.
Status
Awaiting Acknowledgement

Communications

From: Caitlin Russell

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, ยง10, I hereby request the following records:

To whom it may concern,
Pursuant to Massachusetts General Law Chapter 66, Section 10, I'm requesting all executive session minutes generated, by the Swansea Board of Selectmen for the years 2010 through the of end 2015.
Massachusetts law requires that executive session minutes be reviewed and released regularly, and that once the stated purpose for a particular executive session has ended, the minutes of the executive sessions are to be made public. Once released, I plan to make the information available to the public online, free of charge.
Please be advised that denial of this request, or redactions made to released materials must be accompanied by citations of the exemptions you believe allow you to withhold the information requested.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Caitlin Russell

From: Caitlin Russell

My apologies for the error in my previous email in which I requested Swansea's board minutes. I'm seeking the executive session minutes produced by the city of Brockton's city council for the years 2010-2015. Thank you.
Caitlin Russell

From: Anthony Zeoli

Hello Caitlin,

I think this request has been sent in error, as we have no records for
Swansea.

Thank you

From: Caitlin Russell

I apologize for the error, I am requesting all executive session minutes produced by the Brockton City Council for the years 2010-2015. Thanks!
Caitlin

From: Mark Gildea

I write in response to your inquiry concerning minutes of executive sessions

The Brockton City Council infrequently goes into executive session. For
the time period referenced in your email, the only times that the City
Council has gone into executive session were to discuss strategy with
respect to pending litigation related to a proposed power plant.
Litigation related to that issue remains pending.
Public bodies are not required to disclose the minutes, notes, or other
materials used in an executive session if the disclosure of these records
may defeat the lawful purposes of the executive session. Once disclosure
would no longer defeat the purposes of the executive session, however,
minutes and other records from that executive session must be disclosed
unless they fall within an exemption to the Public Records Law, G.L. c. 4,
ยง 7, cl. 26 <http://www.mass.gov/legis/laws/mgl/4/4-7.htm>, or the
attorney-client privilege applies.
Please let me know any questions.
Thank you.
--
Mark C. Gildea
Legislative Counsel
City of Brockton
45 School Street
Brockton, MA 02301
Tel. 508-580-7121
Fax. 508-580-7104

From: Caitlin Russell

Hello,
Can you tell me the dates of the executive session meetings that are being withheld, and which exemptions to the Public Records LAw apply to each set of minutes? Thank you!
Caitlin

From: Mark Gildea

The dates of the executive sessions were as follows:

7/23/2014;

11/10/2014;

12/8/2014;

12/15/2014;

1/12/2015;

5/11/2015;

11/9/2015

MGL ch. 30A, sec. 21(3) provides that a public body may may meet in
executive session to discuss strategy with respect to litigation if an open
meeting may have a detrimental effect on the litigating position of the
public body and the chair so declares.

Executive session minutes must be released to the public as soon as the
stated purpose for the executive session protection has ceased. The stated
purpose of the executive sessions related to litigation over a proposed
power plant in the city. Litigation on that issue remains pending.

Further, confidential communications between governmental entities and
their legal counsel undertaken for the purpose of obtaining legal advice or
assistance are

protected under the normal rules of the attorney-client privilege.

Please let me know if you have further questions.

Thank you.
--
Mark C. Gildea
Legislative Counsel
City of Brockton
45 School Street
Brockton, MA 02301
Tel. 508-580-7121
Fax. 508-580-7104

From: Caitlin Russell

Hello,
I'm writing to appeal the denial by the City of Brockton of a request for executive session minutes from 7/23/2014, 11/10/2014, 12/8/2014, 12/15/2014, 1/12/2015, 5/11/2015, and 11/9/2015. The City if withholding these documents in their entirety because they are related to pending litigation, but I believe the minutes could be released in a redacted form without compromising the City's litigating decision. Thank you!
Caitlin Russell

Files

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