David Stockbridge v. Assabet Valley Regional Technical High School (SPR 20240062)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 1, 2024 SPR24/0062 Superintendent Ernest F. Houle Superintendent-Director Assabet Valley Regional Technical/Vocational School District 215 Fitchburg Street Marlborough, MA 01752 Dear Superintendent Houle: I have received the petition of David Stockbridge appealing the response of the Assabet Valley Regional Technical High School (School/District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 20, 2023, Mr. Stockbridge requested the following records: [1.] [A] complete list of all retirees enrolled in the insurance benefits program through AVRVSD. I expect that current emails, phone numbers, and or mailing addresses are readily available. [2.] [T]he current names and contact information for sitting committee members under the same law. I expect that any other interested candidate will receive the same information. [3]. [A]ny pertinent information as it applies to this committee, including scheduled meeting dates, deadlines, and the election process to all enrolled retirees. Previous appeals This request was the subject of previous appeals. See SPR23/2360 Determination of the Supervisor of Records (October 18, 2023), SPR23/2661 Determination of the Supervisor of Records (November 17, 2023) and SPR23/2953 Determination of the Supervisor of Records (December 21, 2023). In the December 21st determination, I closed the appeal on the understanding that the School intended on providing a further response. The School provided a response on January 5, 2024. Unsatisfied with the response, Mr. Stockbridge petitioned this office and this appeal, SPR24/0062, was opened as a result. 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

Superintendent Ernest F. Houle SPR24/0062 Page 2 February 1, 2024 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. Attorney 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. The School’s January 5th response In its January 5, 2024 response, the School provides Mr. Stockbridge with the names of retirees enrolled in the insurance benefits program. The School also provides additional information to support its continued redaction of the record under Exemption (c) and also cites Exemption (o) of the Public Records Law. Exemption (c) Exemption (c) permits the withholding of: 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 Prop. 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

Superintendent Ernest F. Houle SPR24/0062 Page 3 February 1, 2024 Ethical Treatment of Animals (PETA) v. Dep’t of Agric. Res., 477 Mass. 280, 292 (2017). The types of personal information which this exemption is designed to protect includes: marital status, paternity, substance abuse, government assistance, family disputes and reputation. Id. at 292 n.13; see also Doe v. Registrar of Motor Vehicles, 26 Mass. App. Ct. 415, 427 (1988) (holding that a motor vehicle licensee has a privacy interest in disclosure of his social security number). This exemption requires 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. Citing Exemption (c), the School states the following: . . . as indicated in the District’s previous responses, the retirees’ health insurance information, home addresses, personal email addresses and home telephone numbers are also being withheld pursuant to the privacy exemption, G. L. c. 4, § 7 (26)(c). In a prior response dated November 2, 2023, the School states the following: [T]he District provided a redacted document responsive to Request No. 1… [T]he District redacted the names, email addresses, telephone numbers, and physical addresses of the individual retirees (private citizens) enrolled in the District’s health insurance program. The redacted information contained in the responsive document does not pertain to active public servants but rather retired employees of the District. Although there are no medical diagnoses or conditions listed in the responsive document, the document does contain the health insurance plan that each retiree has enrolled in…Further the identities of the retirees enrolled in the District’s health insurance plan are not available from other sources. Finally, the District is unaware of what, if any, public interest lies in the identities, telephone numbers, and physical and email addresses of the retired employees enrolled in the District’s health insurance plan. There is no issue as to whether ‘public employees are carrying out their duties in an efficient and law-abiding manner’ as the identities are of retired District employees. See Police Comm. of Boston, 419 Mass. 852, 858 (1995). Therefore, there is no outweighing public interest in the disclosure of the redacted information over the privacy interests of the retired enrollees. Accordingly, the District will not provide the requested unredacted information at this time.

Superintendent Ernest F. Houle SPR24/0062 Page 4 February 1, 2024 As stated in my previous determination, to the extent that the records contain details of individual health insurance plans, personal phone numbers, and personal email addresses, the School has met its burden to withhold such portions from disclosure under Exemption (c). See SPR23/2661 Determination of the Supervisor of Records (November 17, 2023). Exemption (o) Exemption (o) applies to: the home address, personal email address and home telephone number of an employee of the judicial branch, an unelected employee of the general court, an agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of a political subdivision thereof or of an authority established by the general court to serve a public purpose, in the custody of a government agency which maintains records identifying persons as falling within those categories; provided that the information may be disclosed to an employee organization under chapter l 50E, a nonprofit organization for retired public employees under chapter 180, or a criminal justice agency as defined in section 167 of chapter 6. G. L. c. 4, § 7(26)(o). Under Exemption (o), the School states the following: Pursuant to the advice provided by Public Records Division, the District is producing the names of the retirees enrolled in the insurance benefits program through AVRVSD and withholding the home addresses, personal email addresses and home telephone numbers pursuant to exemption (o)[.] Where the requested records are the type contemplated under Exemption (o) of the Public Records Law, I find that the School has met its burden to redact home addresses from the responsive records. Where the School has already met its burden to redact additional information such as details of individual health insurance plans, personal phone numbers, and personal email addresses under Exemption (c), I decline to opine on the applicability of Exemption (o) to those portions of the record. Conclusion Where the School has provided Mr. Stockbridge with the unredacted names of retirees enrolled in the insurance program and has met its burden for redacting additional information in the record, I will now consider this administrative appeal closed. If Mr. Stockbridge 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 § 10(A)(c).

Superintendent Ernest F. Houle SPR24/0062 Page 5 February 1, 2024 Sincerely, Manza Arthur Supervisor of Records cc: David Stockbridge