Jonathan Dame v. Newton, City of - Public Schools (SPR 20161161)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of Records December 22, 2016 SPR16/1161 David M. Connelly, Esq. Morgan, Brown & Joy, LLP 200 State Street Boston, MA 02109-2605 Dear Attorney Connelly: I have received the petition of Jonathan Dame of the Newton Tab appealing the most recent response of the City of Newton -Public Schools Committee (Committee) to a request for public records. G. L. c. 66 § lO(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Dame requested a copy of a March 2016 report investigating allegations of graffiti at Day Middle School in Newton. The Committee provided a copy of the report, redacted to omit information deemed by the Committee to be exempt pursuant to the first clause of Exemption ( c) of the Public Records Law. G. L. c. 4, § 7 (26) ( c) . Previous determinations This request was the subject of prior appeals to this office by Mr. Dame. See SPR16/374 Determination of the Supervisor of Records (June 21, 2016); SPR16/529 Determination of the Supervisor of Records (August 11, 2016); SPR16/956 Determination of the Supervisor of Records (November 9, 2016). In closing SPR16/956 I ordered the Committee to provide an unredacted copy of the original report to this office for an in camera review. The Committee did so and I would like to thank the Committee for its cooperation. Current appeal In your December 9 letter accompanying the records provided for in camera review, you reassert the Committee's position that the entirety of the redacted information is exempt from disclosure under the first clause of Exemption (c) to the Public Records Law. G. L. c. 4, §7(26)(c). 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 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

David M. Connelly, Esq. SPR16/1161 Page 2 December 22, 2016 an unwarranted invasion of personal privacy G. L. c. 4, §7 (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 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 (emphasis added). 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. Upon review of the materials submitted in camera, I find the Committee has yet to meet its burden of explaining with specificity how the first clause of Exemption (c ) applies to entirety of the withheld information. Any non-exempt, segregable portion of a public record is subject to mandatory disclosure upon request. G. L. c. 66, § 1O (a); see also Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are not blanket in nature). I understand an attorney on my staff contacted you and you indicated the Committee would provide a supplemental response regarding this matter. Conclusion Accordingly, I will consider this appeal closed with the proviso that the Committee provide Mr. Dame with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations. A copy of ny such response must be provided to this office. It is preferable to send an electronic co y of this response to this office at pre@sec.state.ma. us. cc: Jonathan Dame