Olufunmilola Shelly v. Framingham, City of - Public Schools Department (SPR 20251181)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 12, 2025 SPR25/1181 Amy Kane Department RAO Schools Department City of Framingham 150 Concord St. Framingham, MA 01702 Dear Ms. Kane: I have received the petition of Olufunmilola Shelly appealing the response of the Framingham Public Schools (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 16, 2025, Ms. Shelly requested, “. . . any resignation letter submitted by [an identified individual] to anyone. Seeking [the identified individual’s] last 3 pay stubs, redacted for everything but hours, hour type, pay rate, and date.” The School responded on April 29, 2025. Unsatisfied with the School’s response, Ms. Shelly petitioned this office and this appeal, SPR25/1181, 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. 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. If there are any fees associated with a response, a written, good faith estimate must be 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

Amy Kane SPR25/1181 Page 2 May 12, 2025 provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The School’s April 29th Response In its April 29, 2025 response, the School provided responsive paystubs in an attached PDF and cited Exemption (c) of the Public Records Law to withhold a responsive letter it identified in its response. Current Appeal In her appeal petition, Ms. Shelly states, “I respectfully assert that this exemption was improperly applied.” She further contends, “the public has a strong and valid interest in the circumstances surrounding [the identified individual’s] departure, especially since no public statement or announcement appears to have been made by the district.” 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). While statutorily exempting personnel information from the expansive definition of public records, the Legislature did not explicitly define “personnel [file] or information.” G. L. c. 4, § 7(26)(c). Judicial decisions advise that the term is neither rigid, nor exact, and that the determination is case-specific. Worcester Telegram & Gazette Corporation v. Chief of Police of Worcester, 58 Mass App Ct 1, 5 (2003). The custodian’s classification of materials as “personnel information” is not conclusive. Wakefield Teacher’s Association v. School Committee of Wakefield, 431 Mass. 792, 798 (2000). Instead, the nature or character of the documents, as opposed to the documents’ label, is crucial to the analysis. See Worcester Telegram & Gazette Corp., 436 Mass. at 386. The Massachusetts Supreme Judicial Court (Court) has refined the analysis to be employed when considering the public record status of personnel records. The Court has held that personnel information that is “useful in making employment decisions regarding an employee” may be withheld pursuant to the first clause of exemption (c). Wakefield Teacher’s Association, 431 Mass. at 798, quoting Oregonian Publ. Co.v. Portland Sch. Dist. No. 1J, 329 Or. 401 (1999). The Court further defined those records that may be withheld as personnel information to include, “employment applications, employee work evaluations, disciplinary documentation, and promotion, demotion, or termination information

Amy Kane SPR25/1181 Page 3 May 12, 2025 pertaining to a particular employee.” Wakefield Teacher’s Association, 431 Mass. at 798. Based on the School’s response, it is unclear how the responsive record falls within the core categories of personnel information useful in making employment decisions regarding an employee, and is exempt under Exemption (c). See Wakefield, 431 Mass. at 798; Colman M. Herman v. City of Boston, et. al., Suffolk Superior Court, Civil Action No. 2384CV2395 at 6 (June 20, 2024) (“personnel files . . . shall be considered exempt under exemption (c) and Wakefield.”). Consequently, I find that the School has not met its burden to withhold the responsive record under Exemption (c). Conclusion Accordingly, the School is ordered to provide Ms. Shelly with a response, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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. Ms. Shelly may appeal the substantive nature of the School’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Olufunmilola Shelly