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Cites. Lack of response appeal.
Around the web, on what web link URLs would you be able to read
any or all of the following 5 cites from the appeal
or read any information about these particular cites?...
Attorney General v. Assistant Comm'r of the Real Property Dep't of
Boston 380 Mass 623, 625 (1980)
Attorney General v. Board of Assessors of Woburn
375 Mass 430, 432 (1978)
Reinstein v. Police Comm'r of Boston
378 Mass 281, 289-90 (1979)
the statutory exemptions are not blanket in nature.
District Attorney for the Norfolk Dist. v. Flatley
419 Mass 507, 511 (1995)
custodian has the burden of establishing applicability of exemption.
1975 Mass Acts 303 par3
removing requirements that minutes be approved prior to becoming
public.
ENSE PETIT PLACIDAM SVB LIBERTATE QVIETEM
[ By the sword we seek peace, but peace only under liberty ]
[ Shield. Motto.
http://www.enchantedlearning.com/usa/flags/massachusetts/massachusettsflag.shtml ]
The Commonwealth of Massachusetts
William Francis Galvin, Secretary of the Commonwealth
Public Records Division
April 24, 2002
SPR02/124
Marilyn Gagalis
Administrative Assistant
Cambridge Public Library
449 Broadway
Cambridge Massachusetts 02139
Dear Ms. Gagalis:
I have received a petition from Don Saklad appealing the
lack of response of the Cambridge Public Library (Library) to
his public records request.
See GLc66 par10b (2000 ed.)
Supervisor of Public Records has authority to resolve public records
appeals;
[ http://www.state.ma.us/sec/pre/prelaw/lawlaw.htm ]
see also 950CMR 32.08(2) appeal process.
[ http://www.state.ma.us/sec/pre/prelaw/law950.htm ]
Specifically, Mr. Saklad requested access to library board meeting
minutes.
"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 city of the
Commonwealth, unless falling within a statutory exemption.
GLc4 par7(26) (2000 ed.)
The statutory exemptions are strictly and narrowly construed.
[ http://www.state.ma.us/sec/pre/prelaw/lawlaw.htm ]
Attorney General v. Assistant Comm'r of the Real Property Dep't of
Boston 380 Mass 623, 625 (1980);
Attorney General v. Board of Assessors of Woburn
375 Mass 430, 432 (1978)
Public Records and any nonexempt segregable portions thereof
are subject to mandatory disclosure upon request.
GLc66 par10a (2000 ed.);
[ http://www.state.ma.us/sec/pre/prelaw/lawlaw.htm ]
see also Reinstein v. Police Comm'r of Boston
378 Mass 281, 289-90 (1979)
the statutory exemptions are not blanket in nature.
Moreover, there is a presumption that all governmental records are
public records.
GLc66 par10c (2000 ed.);
[ http://www.state.ma.us/sec/pre/prelaw/lawlaw.htm ]
950CMR 32.08(4)
[ http://www.state.ma.us/sec/pre/prelaw/law950.htm ]
One Ashburton Place, 17th Floor, Boston, Massachusetts 02108
(617) 727-2832 . Fax (617) 727-5914
http://www.state.ma.us/sec/pre
Marilyn Gagalis SPR02/124
Page Two
April 23, 2002
Therefore, it is the burden of the record custodian to demonstrate the
application of an exemption in order to withhold a requested record.
GLc66 par10c (2000 ed.);
[ http://www.state.ma.us/sec/pre/prelaw/lawlaw.htm ]
see also District Attorney for the Norfolk Dist. v. Flatley
419 Mass 507, 511 (1995)
custodian has the burden of establishing applicability of exemption.
Please be advised that all meeting records, whether existing in the
form of stenographic or longhand notes, are public records at the time
of their creation.
See GLc4 par7(26) (2000 ed.)
defining "public records" as all documentary materials or data made
or received by any public officer or employee.
[ http://www.state.ma.us/sec/pre/prelaw/lawlaw.htm ]
The Public Records Law does not prohibit the placement of a notation
stating "unapproved" or "draft" upon a records prior to disclosure.
However, the disclosure of the minutes of an open meeting cannot be
contingent upon approval or acceptance by the custodian.
See 1975 Mass Acts 303 par3
removing requirements that minutes be approved prior to becoming
public.
The unapproved minutes must therefore be viewed as the record of the
meeting until the minutes have been approved.
Accordingly, the Library's unapproved minutes are subject to disclosure
upon request from the time they are created.
In an April 23, 2002 telephone conversation, you informed
KerryAnne Kilcoyne, an attorney on my staff, that the meeting minutes
from last month are available at the Library.
In addition, the minutes will be posted and available today on the Library
website at http://www.ci.cambridge.ma.us/~CPL/about/trust.html
Accordingly, as the Library has agreed to provide Mr. Saklad with
access to records which are responsive to his request, I will
consider this administrative appeal closed.
Very truly yours,
Alan N. Cote
Supervisor of Public Records
cc: Don Saklad
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