Paula Sterite v. Everett, City of - Office of the City Clerk (SPR 20221424)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 30, 2022 SPR22/1424 Justin Shrader Department Records Access Officer Human Resources Department City of Everett 484 Broadway Everett, MA 02149 Dear Mr. Shrader: I have received the petition of Paula Sterite appealing the response of the City of Everett (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 8, 2022, Ms. Sterite requested, among other things, a copy of a named individual’s resume. The City responded on June 23, 2022, providing other records, and withholding the responsive resume. Unsatisfied with the City’s response, Ms. Sterite appealed, and this case was opened as a result. The 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, § 10A(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 agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records 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

Justin Shrader SPR22/1424 Page 2 June 30, 2022 custodian must provide the responsive records. Current Appeal In her appeal petition, Ms. Sterite explains that she is “asking for a copy of a recent hire resume.” She also contends “that resumes are shared in an open forum at City Council Meeting.” The City’s June 23rd Response In its June 23, 2022 response, the City states that it is withholding the responsive resume pursuant to Exemption (c) of the Public Records Law. See G. L. c. 4, § 7(26)(c). Exemption (c) Exemption (c) applies to: personnel and medical files or information and any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy; provided, however, that this subclause shall not apply to records related to a law enforcement misconduct investigation G. L. c. 4, § 7(26)(c). Analysis under Exemption (c) is subjective in nature and requires a balancing of the public’s right to know against the relevant privacy interests at stake. Torres v. Att’y Gen., 391 Mass. 1, 9 (1984); Att’y Gen. v. Assistant Comm’r of Real Property Dep’t., 380 Mass. 623, 625 (1980). Therefore, determinations must be made on a case by case basis. This exemption does not protect all data relating to specifically named individuals. Rather, there are factors to consider when assessing the weight of the privacy interest at stake: (1) whether disclosure would result in personal embarrassment to an individual of normal sensibilities; (2) whether the materials sought contain intimate details of a highly personal nature; and (3) whether the same information is available from other sources. See People for the Ethical Treatment of Animals (PETA) v. Dep’t of Agric. Res., 477 Mass. 280, 292 (2017). When analyzing a privacy claim, there is a balancing test which provides that where the public interest in obtaining the requested information substantially outweighs the seriousness of any invasion of privacy, the private interest in preventing disclosure must yield. PETA, 477 Mass. at 291. The public has a recognized interest in knowing whether public servants are carrying out their duties in a law abiding and efficient manner. Id. at 292. Under Exemption (c), the City argues that “with respect to the responsive documents related to [the individual’s] resume the responsive documents are exempt from disclosure under Exemption (c) as it is contained in her personnel file.”

Justin Shrader SPR22/1424 Page 3 June 30, 2022 Although information such as a personal phone number and personal email address may be redacted pursuant to Exemption (c), based on the City’s response, it is unclear how the resume in its entirety constitutes intimate details of a highly personal nature, nor how disclosure would result in personal embarrassment to an individual of normal sensibilities. Also, the City did not provide additional information with respect to the balancing test which examines whether the public interest in obtaining the requested information outweighs the seriousness of any invasion of privacy. See PETA, 477 Mass. at 292. In this case, Ms. Sterite also claims that the resume was shared at a City Council meetings. The City is advised that any resume submitted to a public body by an applicant for employment shall not be exempt from disclosure. See G. L. c. 30A, § 22(e). As a result, I find that the City has not met its burden to withhold the resume in its entirety pursuant to Exemption (c). Conclusion Accordingly, the City is ordered to provide Ms. Sterite with a response to her request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Sincerely, . · . I '' . - ~ - . Rebecca S. Murray Supervisor of Records cc: Paula Sterite