Collin Dias v. Fall River, City of - Public Schools (SPR 20202424)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 16, 2020 SPR20/2424 Debra Cabral Records Access Officer Fall River Public Schools 417 Rock Street Fall River MA, 02720 Dear Ms. Cabral: I have received the petition of Collin Dias appealing the response of the Fall River Public School District (District) to a request for public records. G. L. c. 66, § 10A; see also 50 C.M.R. 32.08(1). Specifically, Mr. Dias requested “any lawsuit or complaint filed or brought against Superintendent Matthew Malone in the year 2020.” The District provided a response on December 7, 2020, stating that it is withholding responsive records pursuant to G. L. c. 30A, § 22(f), as it operates through Exemption (a), as well as the attorney-client privilege and personnel clause of Exemption (c). Unsatisfied with the District’s response, Mr. Dias petitioned this office and this appeal, SPR20/2424, was opened as a result. The District’s Response In its December 7, 2020 response, the District states that the “request seeks information related to an executive session of the Fall River School Committee. Accordingly, the documents you have requested will not be provided in accordance with M.G.L. c. 30A § 22(1).” The District continues: “Any executive session minutes, notes, preparatory materials, and all documents and exhibits used at the executive session held in compliance with M.G.L. c. 30A § 21 may be withheld from disclosure to the public in their entirety under M.G.L. c. 4 § 7(26)(a), as long as publication may defeat the lawful purposes of the executive session.” The District further states that “[t]he lawful purpose of the session would be defeated by publication of these documents, as the School Committee's consideration regarding the matter is ongoing.” In its December 7th response, the District further asserts that responsive records are exempt from disclosure pursuant to the attorney-client privilege and personnel clause of Exemption (c) of the Public Records Law. 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

Debra Cabral SPR20/2424 Page 2 December 16, 2020 Open Meeting Law The issues raised in Mr. Dias’ appeal pertain to the release of records used in executive session and appear to invoke the Open Meeting Law. Please be advised that the interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO). Therefore, I decline to provide a determination as to the status of these records. See G.L. c. 30A, § 23. It is recommended that Mr. Dias contact the Division of Open Government within the AGO should he seek a determination on these issues. Given the Open Meeting Law issues presented in Mr. Dias’s appeal, I decline to opine at this time on the District’s Exemption (c) and attorney-client privilege claims. Accordingly, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Collin Dias