ENSE PETIT PLACIDAM SVB LIBERTATE QVIETEM
http://en.wikipedia.org/wiki/Seal_of_Massachusetts
The Commonwealth Of Massachusetts
William Francis Galvin, Secretary of the Commonwealth
Public Records Division
http://www.sec.state.ma.us/arc/arcrmu/rmuidx.htm
Alan N. Cote
Supervisor of Records=
pre at sec.state.ma.us
February 12, 2008
SPR08/026
Mr. Jeff Conley
Boston Finance Commission
152 North Street
Boston, MA 021113
http://en.wikipedia.org/wiki/Boston_Finance_Commission
Dear Mr. Conley:
I have received a petition appealing the response of
the Boston Finance Commission (Commission) to a public records request.
http://en.wikipedia.org/wiki/Boston_Finance_Commission
G. L. c. 66, s 10b 2006 ed. (Supervisor of Public Records has the
authority to resolve public records appeals);
see also 950 C.M.R. 3208(2) (appeal process).
http://www.sec.state.ma.us/arc/arcrmu/rmuidx.htm
Specifically requested are the Commission 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 town of the
Commonwealth, unless falling within a statutory exemption.
G. L. c. 4, s 7(26) (2006 ed.).
In a February 1, 2008 email, you informed Rebecca Murray, an
attorney on my staff, that the responsive minutes had not been
provided because they have yet to be approved.
Please be advised that all meeting records, whether existing in
the form of stenographic or longhand notes, or audio or video format,
are public records at the moment of their creation,
See G. L. c. 4, s 34, s 9G (2006 ed.);
G. L. c. 30A, s 11A 1/2 (2006 ed.)
(respectively providing that minutes of municipal, county, and state
executive sessions are not subject to immediate mandatory disclosure)
Additionally, there is no requirement that the minutes be
transcribed or approved before they are made public.
A records custodian is encouraged to clearly mark all such minutes
"unofficial" or "draft."
Given that meeting minutes become public upon creation, rather
than approval, you are hereby ordered to release the responsive
minutes in accordance with this determination.
Accordingly, I will consider this matter closed.
Very truly yours,
Alan N. Cote
Supervisor of Records
pre at sec.state.ma.us
One Ashburton Place, 17th Floor
Boston Massachusetts 02108
tel 617 727-2832
fax 617 727-5914
http://www.sec.state.ma.us/arc/arcrmu/rmuidx.htm
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