Executive Session Minutes (Middlesex County) (Sudbury Town Clerk)
| Submitted | Oct. 25, 2016 |
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Communications
From: Caitlin Russell
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
Pursuant to Massachusetts General Law Chapter 66, Section 10, I'm requesting all executive session minutes generated, by the 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.
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: Harvell, Rosemary
Dear Ms. Russell,
I am forwarding your request to the Selectmen’s Office for a response.
Regards,
Rosemary
Rosemary B. Harvell , CMC, CMMC
Town Clerk
322 Concord Road, Sudbury, MA 01776
Tel. (978) 639-3359 Fax: (978) 639-3340
Email: harvellr@sudbury.ma.us<mailto:harvellr@town.sudbury.ma.us>
When writing or responding, please be advised that the Massachusetts Secretary of State considers e-mail to be a public record, and therefore subject to public access under the Massachusetts Public Records Law,M.G.L. c. 66 § 10.
From: Golden, Patricia
Caitlin Russell
MuckRock
DEPT MR 29140
411A Highland Ave
Somerville, MA 02144-2516
Re: Public Records Request dated October 25, 2016
Dear Ms. Russell;
This is in response to your Public Records Request via e-mail dated October 25, 2016 to the Board of Selectmen for all Board of Selectmen executive session meeting minutes from 2010-2015. The Town has records responsive to your request, and will provide those executive session meeting minutes which may be disclosed at this time. Under the Open Meeting Law, G.L. c. 30A §22A, executive session minutes are exempt from public disclosure until such time as the purpose for which a valid executive session was held has been served. Moreover, even where the purpose of the executive session has been served, the minutes of the executive session may nonetheless be redacted prior to disclosure, or in some instances withheld entirely, pursuant to the attorney client privilege or one or more of the applicable exemptions under the public records law.
Executive session minutes which have been released by the Board of Selectmen and are responsive to your request are posted on the Town of Sudbury website: (https://sudbury.ma.us/boardofselectmen/meetings/)
The Board of Selectmen is currently reviewing additional executive session minutes to determine if the minutes may be released. You will be informed if any of the requested minutes will be withheld because the purpose for the executive session has not yet expired, pursuant to G.L. c. 66, §10, G.L. c.4, §7(26) and G.L. c. 30A, §21. Reasons for the executive sessions at issue include but are not limited to personal and personnel matters, collective bargaining, ongoing litigation, strategy with respect to collective bargaining and litigation where open session would be detrimental to the Town’s collective bargaining or litigation strategy, value of real property, and others. Where the purposes of any session or portion thereof have not been met, the minutes or portion thereof will be withheld from disclosure pursuant to the exemptions to the Public Records Law, G.L. c.4, §7(26). Furthermore, it is anticipated that information may be redacted from any released executive session meeting minutes pursuant to the attorney-client privilege. More specific information in this regard will follow, as the minutes are reviewed and released.
Pursuant to 950 CMR 32.08, you may appeal this response to the Supervisor of Public Records within 90 days.
Patty Golden
Senior Admin Asst to the Town Manager
Town of Sudbury
Ph: 978-639-3382
Fax: 978-443-0756
www.sudbury.ma.us
When writing or responding, please be aware the Secretary of State has determined that e-mail is a public record and thus not confidential
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 25, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 25, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 25, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Golden, Patricia
BY ELECTRONIC MAIL ONLY
Caitlin Russell
MuckRock
DEPT MR 29140
411A Highland Ave
Somerville, MA 02144-2516
Re: Public Records Request dated October 25, 2016
Dear Caitlin:
This is in further response to your records request dated October 25, 2016, via e-mail dated to the Board of Selectmen for all Board of Selectmen executive session meeting minutes from 2010-2015. Please be advised that additional executive session minutes have been released by the Board of Selectmen which are responsive to your request and are posted on the Town of Sudbury website: (https://sudbury.ma.us/boardofselectmen/meetings/)
Certain executive session minutes that you have requested are being withheld or redacted pursuant to law. The Open Meeting Law, G.L. c.30A, §22(f) provides that all executive session records are exempt from disclosure in their entirety “as long as publication may defeat the lawful purposes of the executive session.” Moreover, even where the purpose of the executive session has been served, the minutes of the executive session may nonetheless be redacted prior to disclosure, or in some instances withheld entirely, pursuant to the attorney client privilege or one or more of the applicable exemptions under the Public Records Law. Thus, to the extent that responsive documents, or material contained therein, may be withheld under any of the exemptions to the Public Records Law, such documents shall be withheld and/or material redacted, as appropriate. G.L. c. 4, §7(26). Although certain exemptions to the Public Records Law are addressed below, the Town expressly reserves the right to assert the application of other exemptions, should the same prove appropriate, as the actual process of searching for and reviewing responsive records proceeds.
Minutes of November 3, 2010; January 31, 2012; and April 3, 2012: These minutes are being redacted pursuant to G.L. c. 4, §7(26)(a), records that are specifically or by necessary implication exempted from disclosure by statute; in this case, G.L. c. 30A, §22(f) as the publication may defeat the lawful purposes of the executive sessions. The unredacted portions have been released.
The Board of Selectmen is currently reviewing additional executive session minutes to determine if the minutes may be released. You will be informed if any of the requested minutes will be withheld because the purpose for the executive session has not yet expired, pursuant to G.L. c. 66, §10, G.L. c.4, §7(26) and G.L. c. 30A, §21. Reasons for the executive sessions at issue include but are not limited to personal and personnel matters, collective bargaining, ongoing litigation, strategy with respect to collective bargaining and litigation where open session would be detrimental to the Town’s collective bargaining or litigation strategy, value of real property, and others. Where the purposes of any session or portion thereof have not been met, the minutes or portion thereof will be withheld from disclosure pursuant to the exemptions to the Public Records Law, G.L. c.4, §7(26). Furthermore, it is anticipated that information may be redacted from any released executive session meeting minutes pursuant to the attorney-client privilege. More specific information in this regard will follow, as the minutes are reviewed and released.
Pursuant to 950 CMR 32.08, you may appeal this response to the Supervisor of Public Records within 90 days.
Patty Golden
Senior Admin Asst to the Town Manager
Town of Sudbury
Ph: 978-639-3382
Fax: 978-443-0756
www.sudbury.ma.us
When writing or responding, please be aware the Secretary of State has determined that e-mail is a public record and thus not confidential
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~WRD000