Flynn, Thomas v. Chatham, Town of (SPR 20140249)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 27,2014 SPR14/249 Mr. Thomas G. Flynn Box 423 Chatham, MA 02650 Dear Mr. Flynn: This office has received your petition appealing the response ofthe Town of Chatham (Town) to your request for public records. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(6). Specifically, you requested copies of records relating to the Town's investigation of a specifically identified matter. In its original response to your request, the Town stated that it was withholding responsive records pursuant to Exemption (b) and the second clause of Exemption (c) of the Public Records Law. In a May 21, 2014 telephone conversation with an attorney on my staff, Town Counsel John J. Clifford, Esq. supplemented the Town's original response and stated that records responsive to your request have been withheld as personnel records pursuant to the first clause of Exemption (c). Exemption (c) Exemption (c) applies to: 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) This exemption 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 creates a categorical exemption for personnel and medical information. Wakefield Teachers Association v. School Committee of Wakefield, 431 Mass. 792, 798 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Thomas G. Flynn SPR14/249 Page Two May 27,2014 (2000). The core categories of personnel information include employment applications, employee work evaluations, disciplinary documentation, and promotion, demotion, or termination information pertaining to a particular employee. Wakefield Teachers Association v. School Committee of Wakefield, 431 Mass. 792, 798 (2000). According to Attorney Clifford, the Town conducted an investigation regarding an allegation of improper conduct engaged in by Town employees. The investigation involved employees from multiple Town departments and resulted in a finding by the Town on the matter. It is my finding that the Town may permissibly withhold responsive records as personnel records pursuant to the first clause of Exemption (c). The Town received a complaint alleging employee misconduct, investigated the allegation, and rendered a finding on the matter. The records responsive to this request relate to this investigation of a disciplinary matter and are the types of records that the first clause of this exemption is designed to protect. As a result, I find that the Town may permissibly withhold responsive records as personnel records pursuant to the first clause of Exemption (c). Whereas the responsive records may be permissibly withhold as personnel records, an analysis as to the applicability of the second clause of Exemption (c) or Exemption (b) is not required. Accordingly, this administrative appeal is now closed. Shawn A. Williams Supervisor of Records cc: Ms. Jill R. Goldsmith Mr. John J. Clifford, Esq.