Gail Paddock v. Hampshire Regional School District (SPR 20180030)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 24, 2018 SPR18/030 Bobbie Jones Business Administrator Hampshire Regional School District 19 Stage Road Westhampton, MA 01027 Dear Ms. Jones: I have received the petition of Gail Paddock appealing the response of the Hampshire Regional School District (District) to her request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Paddock requested five categories ofrecords within the possession of the District. In a response dated November 7, 2017, the District provided certain records, but denied access to others. Claiming to not yet have received a portion of the requested records, Ms. Paddock petitioned this office and this appeal was opened as a result. Th.e 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, § lOA(d); 950 C.M.R. 32.03(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). Further, the Public Records Law requires that if a records access officer (RAO) does not intend to permit inspection or furnish a copy of a requested record, the RAO is required to identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and in writing provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based, not later than 10 business days after the initial receipt of the request for public records. G. L. c. 66, § 1O (b ). Current appeal In her appeal petition Ms. Paddock indicates she objects to "the denial of a request for the professional development credits earned by the Principal of our elementary school." In the ih District's November response, the District indicates the requested list of professional 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

Bobbie Jones SPR18/030 Page2 January 24, 2018 development credits earned by the Principal "is not public knowledge, it is part of her personnel file." In a subsequent response dated January 11, 2018, you assert that "Principal Jenkins professional development credits will not be provided as they are an exemption [sic] to the public records law [sic] please see Exemption ( c) - The Privacy Exemption, this exemption is listed in A Guide to the Massachusetts Public Records Law on page 14." Exemption (c) Exemption (c ) permits the withholding of: 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, relevant to this appeal, creates a categorical exemption for personnel information that relates to an identifiable individual and is of a "personal nature." Id. at 434. Massachusetts courts have found that "core categories of personnel information that are 'useful in making employment decisions regarding an employee"' may be withheld from disclosure. Worcester Telegram & Gazette Corp. v. Chief of Police of Worcester, 58 Mass. App. Ct. 1, 5 (2003). For example, "employment applications, employee work evaluations, disciplinary documentation, and promotion, demotion, or termination information pertaining to a particular employee," may be withheld pursuant to the first clause of Exemption (c). Wakefield Teachers Ass'n v. School Comm., 431 Mass. 792, 798 (2000). The courts have also discussed specific categories of records that may be redacted under the first clause. See Globe Newspaper Co. v. Exec. Office of Admin. and Finance, Suffolk Sup. No. 11-01184-A(June 14, 2013). Nevertheless, there is a strong public interest in monitoring public expenditures and public employees have a diminished expectation of privacy with respect to public employment matters. See George W. Prescott Publ'g Co. v. Register of Probate for Norfolk Cnty., 395 Mass. 274,278 (1985); Globe Newspaper Co., 388 Mass. at 436 n.15. Further, the public has an interest in knowing whether public employees are "carrying out their duties in an efficient and law-abiding manner." Attorney Gen. v. Collector of Lynn, 377 Mass. 151, 158 (1979). As a result, certain information that is considered personal in the ordinary sense of the word may be considered part of a public record ifrelating to an individual's official responsibilities. See Brogan v. School Comm. of Westport, 401 Mass. 306, 309 (1987). Further, the public has a legitimate interest in knowing whether public employees possess the degrees and certifications necessary to perform their jobs. See id. at 308.

Bobbie Jones SPR18/030 Page 3 January 24, 2018 The District has not met its burden to show how professional development credits constitute one of the "core categories of personnel information," which may properly be withheld from disclosure under Exemption (c). Therefore, the District has not met its burden to withhold responsive records under Exemption (c). See G. L. c. 66, § lO(b)(iv) (a written response shall "identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based. ... "); Flatley, 419 Mass. at 511 ( custodian has the burden of establishing the applicability of an exemption). Conclusion Accordingly, the District is ordered to provide the requested records to Ms. Paddock in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma. us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Gail Paddock