Jeffrey M. Hull v. Wilmington, Town of - Public Schools (SPR 20161237)

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

Rebecca S, Murray Supervisor of Records

December 27, 2016 SPR16/1237

Joanne Benton

Interim Superintendent of Schools Town of Wilmington — Public Schools 161 Church Street

Wilmington, MA 01867

Dear Ms. Benton:

I have received the petition of John Foskett, Esq. of the law firm Deutsch Williams appealing the response of Town of Wilmington — Public Schools (School) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Jeffrey M. Hull, Town Manager requested a copy of a separation agreement between the School and a specifically identified individual, as well as “any and all other documents” related to the individual’s “separation or termination as employee” of the School. The School responded in a letter dated December 2, 2016 in which it provided a redacted copy of a separation agreement.

In Camera Inspection of Records

Whereas the requested records are now the subject of an open appeal, it is the finding of this office that an in camera review of unredacted copies of the responsive records would facilitate a determination as to the applicability of any exemption claims made by the School. See 950 C.M.R. 32.08(6). After I complete my review of the document, I will return the record to your custody and issue an opinion on the public or exempt nature of the record.

The authority to require the submission of records for an in camera inspection emanates from the Code of Massachusetts Regulations. 950 C.M.R. 32.08(6); see also G.L. c. 66, § 1. This office interprets the in camera inspection process to be analogous to that utilized by the judicial system. See Rock v. Massachusetts Comm’n Against Discrimination, 384 Mass. 198, 206 (1981) (administrative agency entitled deference in the interpretation of its own regulations). Records are not voluntarily submitted, but rather are submitted pursuant to an order by this office that an in camera inspection is necessary to make a proper finding.

Records are submitted for the limited purpose of review. This office is not the custodian of records examined in camera, therefore, any request made to this office for records being

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

Joanne Benton SPR16/1237 Page 2 December 27, 2016

reviewed in camera will be denied. See 950 C.M.R. 32.03 (defining “custodian” as the government employee who in the normal course of her duties has access to or control over records).

This office has a long history of cooperation with governmental agencies with respect to in camera inspection. Custodians submit copies of the relevant records to this office upon a promise of confidentiality. This office does not release records reviewed in camera to anyone under any circumstances. Upon a determination of the public record status, records reviewed in camera are promptly returned to the custodian. To operate in any other fashion would seriously impede our ability to function and would certainly affect our credibility within the legal community.

Order

Accordingly, you are hereby ordered to provide this office with complete redacted and unredacted copies of the responsive records without delay. The School may provide this office with an explanation of its position regarding the applicability of an exemption to the responsive records. Please be advised that, unlike the materials provided for in camera review, any such additional correspondence would be placed in the file for this appeal and would be subject to public disclosure as a public record.

Sincerely,

kero Mavi —

Rebecca S. Murray Supervisor of Records

cc: John Foskett, Esq. Jeffrey Hull Andrew J. Waugh, Esq. Julie Broussard