Auditi Guha v. University of Massachusetts - Dartmouth (SPR 20160152)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Shawn A. Williams Supervisor of Records

March 11, 2016 SPR16/152

Mr. John Hoey

University of Massachusetts Dartmouth Office of the Chancellor

258 Old Westport Road

North Dartmouth, MA 02747-2300

Dear Mr. Hoey:

I have received the petition of Auditi Guha of the New Bedford Standard-Times appealing the response of the University of Massachusetts Dartmouth (University) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Guha requested a copy of specifically identified University employee’s last five-year performance review. In a response dated February 25, 2016 the University denied his request pursuant to Exemption (c), the privacy exemption to the public records law. G. L. c. 4, §7 (26)(c).

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).

In its February 25 letter, the University indicated its intent to withhold the records

pursuant to the first 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

G. L.c. 4, 87 (26)

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

One Ashburton Place, Room 1719, Boston, Massachusetts 02108 - (617) 727-2832 - Fax (617) 727-5914 www.sec.state.ma.us/pre

Mr. John Hoey SPR16/152 Page 2 March 11, 2016

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 refined the analysis to be employed when considering the public record status of personnel records. The Court 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) of the 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.

I find the University properly withheld employee work evaluations under the first clause

of Exemption (c) of the Public Records Law. Accordingly, I will consider this administrative appeal closed.

To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determination for further information.

awh. Williams UpervVisor of Records

ec: Mr. Auditi Guha