Rehrey, William v. Leominster, City of - Retirement Board (SPR 20140718)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Director February 19,2015 SPR14/718 Mr. Brian P. Fox, Esq. Murphy, Hesse, Toomey & Lehane, LLP Crown Colony Plaza 300 Crown Colony Drive, Suite 410 P.O. Box 9126 Quincy, MA 02169-9126 Dear Attorney Fox: I have received the petition of William G. Rehrey appealing the response of the City of Leominster - Retirement Board (Board) to his request for public records made on behalf of the Retired State, County & Municipal Employees Association on Massachusetts. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Rehrey requested a copy ofthe names and addresses of retirees and surviving spouses currently receiving a retirement allowance. The Board denied this request. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(4). "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). It is the burden of the record custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(c); See also Dist. Att'y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). While the Board expresses its views on several exemptions to the Public Records Law, this determination will focus solely on the Board's Exemption (c) claim. Exemption (c) The Board bases its denial on the second clause of Exemption (c) of the Public Records Law. 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 One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Brian P. Fox, Esq. SPR14/718 Page Two February 19, 2015 G. L. c. 4, §7 (26)(c) The second clause of Exemption (c) does not protect all data relating to specifically named individuals. Rather, it only permits custodians of records to withhold "intimate details of a highly personal nature." Attorney Gen. v. Assistant Comm'r of the Real Prop. Dep't of Boston, 380 Mass. 623, 625 (1980). Examples of"intimate details of a highly personal nature," include marital status, paternity, substance abuse, government assistance, family disputes and reputation. I d. at 626 n.2. Portions of records containing such information are exempt unless there is a paramount public interest in disclosure. Attorney Gen. v. Collector of Lynn, 377 Mass. 151, 154 (1979). The second clause of Exemption (c) requires record custodians to perform a two-step analysis to show cause for withholding information from disclosure. Record custodians must first address the threshold issue of whether the requested information constitutes an "intimate detail of a highly personal nature." If the requested information does not fit this description, then the second clause of Exemption (c) does not apply. If, however, the requested information does constitute "an intimate detail of a highly personal nature," the record custodian must then determine whether the public interest in disclosure outweighs the privacy interest associated with the disclosure of the information. I find the Board has failed to meet its burden with respect to the second clause of Exemption (c), to establish whether the responsive records contain "intimate details of a highly personal nature." Accordingly, the Board is hereby ordered, within ten (10) days ofthis order, to provide Mr. Rehrey with the requested records in a manner consistent with the Public Records Law, its Regulations and this determination. If the Board maintains that the responsive records are exempt it may, within thirty (30) days provide to Mr. Rehrey , nd this office an explanation, with specificity, how a particular exemption applies to each recor i A: . Williams cc: Mr. William G. Rehrey