Central to the meeting was an in-depth training session on public records law. The session was designed as a refresher for board members, emphasizing the broad definition of public records, which includes any document, text, or electronic communication created or maintained in the course of official duties. Importantly, even communications via personal email are considered public records if they pertain to official business. The significance of this broad definition is to ensure that the public has access to these records unless specific exemptions, such as those relating to personal privacy or ongoing investigations, apply.

A key point discussed was the role of designated records access officers in Newbury, identified as Tracy, Gretchen, and Chief Fisher. These officers are tasked with assisting in managing public records requests, coordinating responses, and ensuring compliance with the law. They are responsible for maintaining a log of requests, tracking responses, and managing the process effectively. Additionally, department heads must assist with records requests, regardless of their designated roles.

Alicia Greco posed a question regarding the critical nature of adhering to public records procedures, noting the legal mandates for compliance. It was explained that failure to appropriately respond to requests could result in fines or legal action, particularly if confidential information is improperly disclosed. The presenter underscored the necessity for vigilance and guidance in handling ambiguous requests, with an emphasis on ensuring necessary redactions are made before disclosure.

The training also addressed the procedural aspects of handling public records requests, including the importance of explaining redactions without disclosing document contents. The town must provide a redacted document if necessary while navigating confidentiality issues that might involve employee rights or ongoing investigations. Requests must be documented in writing and signed by both parties to minimize misunderstandings. The town has a structured timeline to respond to requests, with an initial response required within ten business days. If additional time is needed, permission must be sought to extend this period.

Furthermore, the discussion clarified the distinction between public records requests and public information requests, noting that the former does not obligate the town to create documents that do not exist. This point is crucial when addressing broad or vague requests, which can be burdensome. The town is not required to produce documents that are not already in existence. The meeting also highlighted the requirement for certain records to be available online.

A particularly interesting aspect of the discussion was the harassment provision within the public records law. This provision allows a records access officer to petition the supervisor of records if a request becomes unduly burdensome. A notable case in Massachusetts was referenced, where an individual made excessive requests, described as a “Perpetual harassing public records requester.” This eventually led to the refusal to respond to his demands after multiple attempts to classify his behavior as harassment. The law permits municipalities to limit responses if requests are too broad or voluminous, but officials must first encourage the requester to narrow their query.

The conversation also explored legal precedents regarding confidential documents inadvertently becoming public records if referenced in public meetings. An example was provided where a superintendent’s performance review was mistakenly referenced, leading to a public records request that could not be denied.

Additionally, the session touched on the requirement for public records requests to include an agreement to pay any associated fees before documents are prepared. Without this agreement, the municipality is not obligated to produce the requested documents. This policy seeks to prevent situations where extensive work is done, but the requester does not retrieve the prepared documents, leading to wasted resources.