Mike Beaudet v. Somerville, City of - City Solicitor (SPR 20160981)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 10, 2016 SPR16/981 Jason D. Grossfield, Esq. Office of the City Solicitor City of Somerville 93 Highland A venue Somerville, MA 02143 Dear Attorney Grossfield: I have received the petition of Mike Beaudet ofWCVB-TV appealing the response ofthe City of Somerville-City Solicitor (City) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Beaudet requested the "names of all police personnel who have been terminated in the City since January 1, 2011." The City denied Mr. Beaudet's request pursuant to the first clause of Exemption (c). Mr. Beaudet appealed. 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, § 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). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. Exemption (c) In an October 27, 2016 email, City Solicitor Francis X. Wright, Jr. denied Mr. Beaudet's request stating, the responsive "information is exempt from disclosure as being information that One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Jason D. Grossfield,Esq. SPR16/981 Page 2 November 7, 2016 is contained in one's personnel record, see Wakefield Teachers Association v. School Committee ofWakefield." 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). 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 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) ofthe Public Records Law. Wakefield Teachers Ass'n v. School Comm., 431 Mass. 792, 798 (2000) (emphasis added). The City's response does not state how the "names" of police personnel who have been terminated by the City is a record useful in making employment decisions regarding an employee. I find that the City has failed to meet its statutory and regulatory obligation of specifically explaining its Exemption (c) claim. It is my understanding that a copy of the appeal file was provided to you, and you further indicated a supplemental response to Mr. Beaudet will follow. Accordingly, whereas the City has stated it will provide Mr. Beaudet a revised response, I will consider this appeal closed with the proviso that the response is sent without delay, prepared in a manner consistent with this order, the Public Records Law and its Regulations. A copy of any such response must be provided to this office. It i~ preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. lliams fRecords cc: Mike Beaudet