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Select Board debate leaves town clerk as default Records Access Officer under state rule
Summary
The Select Board debated whether to appoint the town administrator or the town clerk as the municipal Records Access Officer (RAO). Two board motions failed and the board concluded that, under 950 CMR 32, the town clerk is the default RAO if the board does not appoint someone.
The Select Board spent an extended portion of its Nov. 27 meeting debating who should serve as Templeton's Records Access Officer (RAO) under 950 CMR 32, the state regulation implementing the Massachusetts public records law.
Town Administrator argued that the RAO function would logically sit in the town clerk's office as it does in most Massachusetts municipalities; several board members favored keeping the RAO with the town administrator because of the administrator's familiarity with day‑to‑day operations and coordination with department heads. Two motions failed on the board floor — first to appoint the town administrator as RAO, then to appoint the town clerk as RAO while designating the police chief as RAO for police/dispatch records — leaving no affirmative appointment.
Town counsel and board members pointed out that state regulation establishes the town clerk as the default RAO if the appointing authority does not designate someone else. The board did not finalize a written appointment in the meeting; the town clerk will serve as RAO by operation of regulation unless the board later takes a formal vote to designate another official. The town administrator said the clerk's office typically handles meeting minutes and other records and offered to work with the clerk to create an online request form and standard response letters to improve processing.
