Herman, Colman v. Office of the Attorney General - Non-Profit Organizations/Public Charities Division (SPR 20140294)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 22, 2014 SPR14/294 Ms. Lorraine A. G. Tarrow, Esq. Assistant Attorney General Office of the Attorney General One Ashburton Place Boston, MA 02108 Dear Attorney Tarrow: This office has received the petition of Colman M. Herman appealing the response of the Office of the Attorney General (AGO) to his request for public records. See G. L. c. 66, § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman requested copies of all settlement agreements that Attorney General Martha Coakley has reached with employees of her office. In an April 23, 2014 letter you acknowledged payment of the fees to be incurred in complying with Mr. Herman's request, and provided copies of four records responsive to your request. You stated that responsive information was redacted pursuant to Exemption (c) of the Public Records Law. 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 ofWakefield, 431 Mass. 792, 798 (2000). The core categories of personnel information include employment applications, employee work evaluations, OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Lorraine A. G. Tarrow, Esq. SPR14/294 Page Two July 22, 2014 documentation, and promotion, demotion, or termination information pertaining to a particular employee. I d. These categories of personnel information are considered useful in making employment decisions regarding an employee and are exempt from disclosure. Id. A 2013 Superior Court decision provides further guidance with respect to the public nature of separation, severance, transition or settlement agreements, as well as the types of personnel information included within such agreements that may be exempt from disclosure. See Globe Newspaper Company, Inc. v. Executive Office of Administration and Finance, et al, Suffolk Superior Court Civil Action No. 11-01184-A (June 14, 2013), 34-35. The parties in the above-captioned matter agreed to refrain from further appeal via a letter agreement dated December 17, 2013. In his petition to this office, Mr. Herman stated that one of the responsive records provided by the AGO contains more expansive redactions than a copy of the same record that was previously provided to the Boston Globe. As a result, Mr. Herman believes that the AGO redactions were improper and he requests that this office conduct an in camera review of all four responsive records. In a June 16, 2014 telephone conversation with an attorney on my staff, you stated that the prior copy of this responsive record was provided to the Boston Globe on April8, 2010. You further explained that the Globe decision was rendered subsequent to the AGO disclosure of that record, and its production of the more recent copy provided in response to Mr. Herman's request complies with the court's finding in that matter. In consideration of the Globe decision, it is my finding that the AGO has permissibly redacted information considered exempt from disclosure pursuantto the first clause of Exemption (c). The information redacted from the responsive records falls within the categories of personnel information held exempt from disclosure pursuant to the Globe decision. As such, an in camera review of the responsive settlement agreement is not warranted. This administrative appeal is closed. cc: Mr. Colman M. Herman