Keegan, Meghan v. Sandwich, Town of - Public Schools (SPR 20260753)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 17, 2026 SPR26/0753 Taylor D. White Records Access Officer Sandwich Public Schools 33 Water Street Sandwich, MA 02563 Dear Ms. White: I have received the petition of Meg Keegan appealing the response of the Sandwich 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 February 17, 2026, Ms. Keegan requested: [1] The total number of applicants for the Assistant Superintendent position. [2] The names of all individuals who applied for the position. [3] Copies of resumes, cover letters, and application materials submitted by each applicant. [4] Any written policies, procedures, or guidelines governing the hiring process for district administrative positions, including screening, interview, and selection procedures. [5] The names and titles of individuals who served on any screening or interview committees. [6] Any scoring rubrics, evaluation criteria, interview questions, or candidate ranking documents used during the process. [7] Any internal communications, memoranda, or reports summarizing the selection process or recommending a finalist. [8] Any documentation reflecting how applicants were narrowed from the initial pool to finalists. The School responded on March 3, 2026. Unsatisfied with the School’s response, Ms. Keegan petitioned this office and this appeal, SPR26/0753, 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

Taylor D. White SPR26/0753 Page 2 March 17, 2026 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 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 March 3rd Response In its March 3, 2026 response, the School provided “all documents in [its] custody,” and stated: There was a total of 31 applicants for the position in February/March 2023. The names of all individuals, resumes, cover letters and application materials for who applied who for the position are exempt from disclos[ure] per… exemption c, privacy of personnel records. Written policies, procedures, and guidelines governing the hiring process for district administrative positions, including screening, interview, and selection procedures can be found [at an identified webpage]. The names and titles of individuals who served on any screening or interview committees are exempt from disclos[ure] per… exemption c, privacy of personnel records. Scoring rubrics, evaluation criteria, interview questions, or candidate ranking documents used during the process are attached. You’ll also find attached a document that summarizes the process that was used for the posting and selection of the Assistant Superintendent position. No records exist pertaining to how applicants were narrowed from the initial pool to finalists.

Taylor D. White SPR26/0753 Page 3 March 17, 2026 Current Appeal In her appeal petition, Ms. Keegan argued that the School’s application of Exemption (c) is improper and that the School failed to conduct a reasonable search. Additionally, Ms. Keegan stated that “the school district’s own records confirm the existence of a structured hiring process,” and listed the types of records she believes were omitted from the School’s production. 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). First Clause – Personnel Information 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 Corp. 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 Ass’n v. Sch. Comm. 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 Ass’n, 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 pertaining to a particular employee.” Wakefield Teacher’s Ass’n, 431 Mass. at 798. Although the School indicates that the withheld records constitute personnel information, the School has not demonstrated how the identified records fall within the core categories of personnel information described in Wakefield as useful in making employment decisions regarding an employee, and exempt under Exemption (c). See Wakefield, 431 Mass. at 798. The School must clarify this. It should be noted that any non-exempt, segregable portion of a public

Taylor D. White SPR26/0753 Page 4 March 17, 2026 record is subject to mandatory disclosure. G. L. c. 66, § 10(a). See Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Additional Records Based on the information provided in the appeal petition and the School’s response, it is also unclear whether the School possesses additional records responsive Ms. Keegan’s request. Specifically, the School must clarify whether it possesses any of the types of records Ms. Keegan claims are referenced and missing from the production. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Custodians are expected to use their superior knowledge of the records in their custody to assist the requestor in obtaining the desired information. See 950 C.M.R. 32.04(5). The School must clarify this matter. Conclusion Accordingly, the School is ordered to provide Ms. Keegan with a response to the request, 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. Keegan may appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Meg Keegan