Eisenstadter, David v. Amherst-Pelham Regional School Districts (SPR 20150816)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords November 30, 2015 SPRlS/816 Ms. Kathryn Mazur Director of Human Resources and Operations Amherst-Pelham Regional Schools 170 Chestnut Street Amherst, MA 01 002 Dear Ms. Mazur: I have received the petition of David Eisenstadter of the Daily Hampshire Gazette appealing the response of Amherst-Pelham Regional Schools (Schools) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Eisenstadter requested a copy of a resignation from a specifically identified teacher. The Schools denied this request, citing the first clause of Exemption (c) of the Public Records Law, as interpreted by the Supreme Judicial Court, to withhold what you deemed a personnel record. 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 records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10 ( c); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Kathryn Mazur SPR15/816 Page Two November 30, 2015 Termination of employment records may be withheld pursuant to Exemption (c) The Supreme Judicial Comi has defined personnel information that is "useful in making employment decisions regarding an employee" may be withheld pursuant to the first clause of Exemption (c) ofthe Public Records Law. Wakefield Teachers Ass'n v. School Comm., 431 Mass. 792, 798 (2000). The Court found that personnel information includes "employment applications, employee work evaluations, disciplinary documentation, and promotion, demotion, or termination information pertaining to a particular employee." Wakefield at 798 (emphasis added). Conclusion Whereas the responsive record consists of a letter terminating employment, and further whereas the identity of the employee is known by the requester, I find the Schools acted within its discretion in withholding the record. Supervisor ofRecords cc: Mr. David Eisenstadter