Paul Sullivan v. Framingham, City of - Public Schools Department (SPR 20181678)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 31, 2018 SPRlS/1678 Nancy Piasecki Executive Director of the Office of the Superintendent Framingham Public Schools 73 Mt. Wayte Ave., Suite 5 Framingham, MA O1 702 Dear Ms. Piasecki: I have received a request for reconsideration from Paul Sullivan regarding a previous determination related to the response of the Framingham Public Schools (School) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Sullivan sent an email on September 20, 2018 requesting invoices from the School. Previous appeals This request was the subject of previous appeals. See SPR18/1678 Determination of the Supervisor of Records (November 28, 2018); SPR18/1505 Determination of the Supervisor of Records (October 29, 2018); SPR18/1678 Determination of the Supervisor of Records (November 28, 2018). In my November 28th determination I found the School established that the redacted material was privileged communications from an attorney to a client seeking legal advice that has not been waived and found the School had met its burden to redact the information within the emails under the attorney-client privilege. Mr. Sullivan sought reconsideration of this determination in an email dated December 7, 2018. Request/or reconsideration In Mr. Sullivan's December ih email he states "I do not agree the attorney-client relationship exists ...." He also indicates "[n]o documents have been provided to show this is a legal binding relationship authorized by the city of Framingham. I am not even sure [the attorney] has the authority to be communicating on the public records request at all or for any matter of the city of Framingham." In its November 9th response, sent by Attorney Philip Benjamin, the School states that "[t]he records requested are communications between one of the Framingham Public School's 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

Nancy Piasecki SPR18/1678 Page 2 December 31, 2018 attorneys and employees of Framingham. As such they are subject to attorney-client privilege. Communications within the attorney client privilege are exempt from the definition of 'public records' and therefore are protected from public disclosure." Attorney Benjamin further notes that he provided communications" ... between me as Framingham Public School's attorney and employees of Framingham. ..." The School also includes an index which explains that the emails sought contain legal advice and were marked confidential attorney-client communication that involved School employees and the attorney. After another careful and thorough review of this matter, I respectfully decline to reverse my findings. If Mr. Sullivan is not satisfied with the resolution of this administrative appeal, he is advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § lO(A)(c). Sincerely, Rebecca S. Murray Supervisor of Records cc: Paul Sullivan