If you’ve ever received documents, letters or emails from public officials, you may have noticed a disclaimer at the bottom of them. I say “may” because much of the correspondence is generic or harmless formality. For all I know, there may be more states and municipalities that don’t bother with them than those that do.
Lately I’ve been trying to make sense out of the workings of Newburyport City Hall, which is a bit like trying to make sense out of Donald Trump’s discursive tangents on windmills, wildfires, magnets, kickbacks, Hannibal Lecter, sharks and batteries, Gary Player’s trophy wives, and whatever else pops into his tilt-a-whirl mind.
You may have noticed results of my efforts in recent Townie posts, and there may be more to come. So, be warned!
But I myself discurse. Back to my real purpose here: to call your attention to disclaimers in hopes you’ll not be unduly discouraged by any that come your way. If you’re unlucky, you’ll feel the chill of something like this:
This communication from the City of Newburyport is intended only for the individual or entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this e-mail in error, please notify the sender immediately and destroy this e-mail and all copies of it. Thank you.
Gotta admit: that “thank you” is a nice touch!
If you’re lucky, a disclaimer will clearly confirm your First Amendment rights, like this:
The Commonwealth of Massachusetts considers most electronic communications to and from public employees to be public records and disclosable under the Massachusetts Public Records Law and its implementing regulations.
Now, what if you come face to face with both at the same time, as you will here in Newburyport, where every email sent from City Hall sports both?
Some say yes, some say no, I say go-go-go—for the simple reason that state laws always supersede those of cities and towns.
The lesson here is quite simple: Don’t fall for the empty threats implied by “hereby notified” and “strictly prohibited.”
Still, I’ll admit it gave me pause as I sat there scrolling through emails sent to a friend from office holders, including the mayor, in City Hall. I started asking around, sending the contradictory disclaimers to folks who might, as lawyers like to say, give me “legal guidance.”
The consensus was that the Newburyport entry was there only to frighten those who might believe it, that it had no teeth. Eventually, an official in a nearby town offered a state document:
IMPORTANT NOTICE: The Secretary of State’s office has determined that most emails to and from municipal offices are public records. Consequently, confidentiality should not be expected.
I went ahead with an exposé using direct quotes from and timestamps on the emails. But, as always in this quaint tourist town that complains about traffic downtown after locating its train depot a mile from downtown on the Newbury border, there’s a twist:
On the very day I heard (indirectly) from the Secretary of State’s office, the mayor sent a memo to city employees telling them not to talk about City Hall business with city councilors. With admirable understatement, on March 24, the Daily News blared across the top of its front page:
Mayor’s memo has councilor asking questions
Tempting to send the mayor a letter of thanks for proving my point before I make it. But now, when I do make it, it will seem like just another understatement. Such are the workings of Newburyport City Hall. And I’ve already told you what it is like trying to make sense of that.
Jack Garvey
Newbury resident
The Townie is actively seeking perspectives from the City Hall, to ensure all viewpoints are represented. If you’d like to contribute an op-ed on this issue, please email: info@townienbpt.com
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