Conner, John v. Dalton, Town of (SPR 20140222)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 29,2014 SPR14/222 Mr. John F. Connor 122 Main Street P.O. Box 2041 Hinsdale, MA 01235 Dear Mr. Connor: I have received your petition regarding the response of the Town of Dalton (Town) to your March 14, 2014 request for public records. G. L. c. 66, § lO(b); see also 950 C.M.R. 32.08(2). Specifically, you requested a copy of: 1. A termination letter concerning a specifically named individual, and 2. The executive session minutes regarding the possible disciplinary action taken against a specifically named individual. "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). The statutory exemptions are strictly and narrowly construed. Globe Newspaper Co. v. Dist. Att'y for the Middle Dist., 439 Mass. 374, 380 (2003); Att'y Gen. v. Ass't Comm'r of the Real Prop. Dep't of Boston, 380 Mass. 623, 625 (1980). In his March 24, 2014letter, Town Manager Kenneth E. Walto informed you that the responsive records have been withheld pursuant to Exemption (c) of the Public Records Law, and you appealed this response. While Mr. Walto's response was within the ten (10) day requirement, his response did not meet the Town's burden under the Public Records Law. Exemption (c) ofthe Public Records Law contains two clauses, and the Town's initial response failed to comply with the law as Mr. Walto' s did not specify the applicable clause in denying your request. The Town is reminded that when withholding a public record, it must claim an exemption with specificity. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. John F. Connor SPR14/222 Page Two May 29,2014 Exemption (c) On May 21,2014 Joel Bard of Kopelman and Paige, P.C., Legal Counsel for the Town, informed an attorney in my office that the responsive executive session minutes and termination letter are exempt pursuant to the first clause of Exemption (c) of the Public Records Law as personnel information. Exemption (c) allows a custodian to withhold: personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy G. L. c. 4, §7 (26)( c) Exemption (c) contains two distinct and independent clauses, each requiring its own analysis. Globe Newspaper Co. v. Boston Retirement Bd., 388 Mass. 427, 432-33 (1983). The first clause applies to personnel information that is of a personal nature and relates to a specifically named individual. Brogan v. Sch. Comm. of Westport, 401 Mass. 306, 308 (1987); Globe Newspaper Co., 388 Mass. at 438. The Supreme Judicial Court has defined personnel information as information that is "useful in making employment decisions regarding an employee." Wakefield Teachers Ass'n v. School Comm., 431 Mass. 792, 798 (2000). For example, "employment applications, employee work evaluations, disciplinary documentation, and promotion, demotion, or termination information pertaining to a particular employee," may be withheld pursuant to the first clause of Exemption (c). Id. (Emphasis added). The responsive minutes and letter concerns the discussion of a specifically named individual and subsequent termination of this same individual, therefore the records are exempt as personnel information under Exemption (c). Accordingly, I find that the Town has properly withheld the executive session minutes and termination letter pursuant to Exemption (c) of the Public Records Law. This administrative appeal is closed.

Mr. John F. Connor SPR14/222 Page Three May 29,2014 cc: Mr. Joel Bard, Esq. Mr. Kenneth E. Walto