Linda L. Segal v. Wayland, Town of - Public Schools (SPR 20160459)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 14, 2016 SPR16/459 Mr. Paul Stein, Ed.D. Superintendent of Schools Town of Wayland Public Schools 41 Cochituate Road P.O. Box 408 Wayland, MA 01778 Dear Dr. Stein: I have received the petition of Linda L. Segal appealing the response of the Town of Wayland - Public Schools (Schools) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Ms. Segal requested copies of invoices for legal expenses charged to the Schools in the FY15 and FY16 Town budgets from May 1, 2015 related to a particular incident. Previous administrative appeal In a previous appeal determination, I ordered the Schools to provide Ms. Segal with a response, with specificity, to explain how the attorney-client privilege applies to withhold the legal services invoices in their entirety. See SPRl 6/314 Determination of the Supervisor of Records (May 24, 2016). The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lO(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

Dr. Paul Stein SPR16/459 Page2 July 14, 2016 A records custodian claiming the common law attorney-client privilege is required to delineate (index) what documents are privileged or exempt. Suffolk Constr. Co. v. Div. of Capital Asset Mgmt., 449 Mass. at 450 n.9; see also Hull Municipal Lighting Plant v. Massachusetts Municipal Wholesale Electric Co., 414 Mass. 609 (1993). Basis of this appeal On June 2, 2016, you provided Ms. Segal with a response regarding the Schools and Town's attorney-client privilege claim to withhold the legal invoices in their entirety. You state that the detail contained in the invoices relates to communications seeking legal advice from Attorney Lanza from School officials, and that the privilege as to these communications has not been waived; therefore, you withheld the entirety of the invoices pursuant to the privilege. Ms. Segal appealed your June 2 response, explaining that she seeks only "portions of attorney invoices stating the general title oft he matter, the dates oft he legal services performed, and the hours, rate and money charged for the services, including out-of-pocket expenses." (Emphasis added). The Schools have failed to show how this portion of the responsive record would contain privileged communication information that is exempt from disclosure pursuant to the common law attorney-client privilege. Order I find the Schools and Town have failed to rebut the presumption that the responsive portions of the legal invoices are public records. Accordingly, the Schools and Town are hereby ordered to provide Ms. Segal with the responsive portions of the requested legal invoices. A copy of any cover letter accompanying such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ve~/ftz a A. Williams Supervisor of Records cc: Mr. Mark Lanza, Esq. Ms. Nan Balmer, Town Administrator