In response to an open meeting law complaint, the Select Board has opted to continue withholding 87 sets of executive session minutes from public release.

In early September, the Select Board discussed an open meeting law complaint in executive session. Under state law, meeting minutes, including those from executive sessions, must include summaries of discussions, a list of documents or exhibits used, and records of votes taken. Decisions made must also be documented. The complaint, which was reviewed by the Swampscott Tides, accused the Select Board of “intentionally withholding executive session minutes.”

“We are on track to have biannual reviews of the executive session minutes that have not been released to the public to ensure the reason they have not been released still exists,” Chair Katie Phelan said. “We need to tell the public when we’ve done that and that we’ve done that, so this is our letting you know.”

The state’s open meeting law regulates how most meetings by public bodies are required to be open to the public. There are some specific exceptions, when topics like personnel issues, litigation strategies, collective bargaining plans and purchasing properties are discussed. Per open meeting law, however, the “minutes of all open and executive sessions shall be created and approved in a timely manner,” which is considered within the next three public body meetings or within 30 days.

The Select Board made the decision to continue withholding 87 sets of executive session minutes after consulting with legal counsel, according to Phelan. The withheld minutes include 16 from 2022, 25 from 2023, 34 from 2024, and 12 from 2025.

Liz Smith, who filed the complaint, noted she requested records from six executive sessions – for January 8, 2025; January 13, 2025; December 18, 2024; December 10, 2024; November 1, 2023; and September 20, 2023 – through the town clerk on May 12. She was allegedly told they needed time to review.

“I was told on May 21, 2025 they were still being reviewed. On June 18, 2025 I was told by the clerk that he would check with the Select Board on the status of my request,” Smith’s statement reads. “On August 12, 2025 I was told the minutes were still under review for redaction. On August 13, 2025 I was told I would now need to file an open meeting law complaint in order to receive the minutes I had requested on May 12.”

The Select Board discussed the alleged open meeting law violation during executive sessions on September 8 and 19. On September 26, the town sent a response to the Division of Open Government and copied Smith on the email.

“The minutes from all six executive sessions have been approved the board, but the board previously determined that only one set of executive minutes could be released publicly under the open meeting law given their contents” the letter from KP Law, obtained by the Swampscott Tides, reads.

The letter also stated that the Select Board will “evaluate its current practices regarding public announcements” about which minutes are being withheld.

“The board will also ensure that public records requests for executive session meeting minutes are responded to in a timely manner in consultation with the town clerk,” the letter reads.

The most recent executive session minutes posted on the Swampscott town website are from January 14, which the town received for posting on July 2.

Since then, the Select Board has held 13 executive sessions, on February 10, April 17, May 12, May 27, June 23, July 7, July 23, August 13, August 18, August 26, September 3, September 8, September 19 and September 25. Several of the dates are listed incorrectly on the website but are accurately reflected in meeting agendas.

The executive sessions primarily focused on collective bargaining and litigation. Other topics, according to agendas, included interview strategies and later negotiations for a new town administrator, complaints against a staff member, and potential property acquisitions.

On April 17, the Select Board discussed the status of 100 sets of executive session minutes dating back to January 6, 2021.

Smith told the Swampscott Tides earlier that she is still considering her next steps regarding the complaint.

In an email to Smith, the Division of Open Government noted that since 30 days have passed since she filed her complaint with the Select Board, she has until December 4 to request further review.

“If we do not receive a request from you for further review by that date, we will presume that the action taken by the Board was sufficient and will close the file,” the email reads.