Thursday, May 20, 2010

Turn in Your Town Records

If you’ve held an elected or appointed position with the town in recent years, you’ll soon be required to turn in all records, paper and electronic, of town business.

At tonight’s Select Board meeting, Chair Dave DeHerdt said that, in response to some questions at last week’s meeting, he contacted the Massachusetts Division of Public Records (DPR), who cited Massachusetts General Law. MGL Chapter 66, Section 14 states, “Whoever has custody of any public records shall, upon the expiration of his term of office, employment or authority, deliver over to his successor all such records which he is not authorized by law to retain.”

DeHerdt pointed out that this wouldn’t include things like personal notes taken during a meeting, but any letters or e-mails with other town officials or members of the public in which town business was discussed would fall under the statute. The same law also requires that former officials swear an oath that they have delivered all their records.

DeHerdt asked the DPR what would happen if a former official refused to turn in their records. He was told that the Select Board should contact the DPR, who would contact the Attorney General’s office, where the decision as to what to do about it would be made.

DeHerdt said he would ask Town Clerk Maryellen Cranston to start contacting former officials for their records.

David King

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