Hi Amy,
Hope all is well. I need to file a public records request for "copies of any records that show the occurrence of any ransomware attacks against school computer systems and records of any payments made in response to such an attack for the 2019-20 and 2020-21 school year" and "any contracts the school district has with any private investigators or law firms performing investigatory services during the 2020-21 school year."
If I could get any responsive records as PDFs or Word documents, that'd be great.
Request #1: Ransomware - The district has no responsive documents regarding this request.
Request #2: Benabdallah -
This is in response to your email dated July 13, 2021, in which you requested the following documents: (1) Emails between Superintendent Robert Tremblay and Allison Benabdallah from March 15 to present, including any attachments (and, including emails on which she is cc’d or bcc’d); (2) Any contracts regarding Allison Benabdallah’s employment as King Elementary School Principal, including any separation agreements or any agreements regarding the end of her employment; and (3) Any reports provided to or produced by the Framingham Public Schools regarding Allison Benabdallah from the year 2021.
We have attached responsive documents. However, the following documents have either been withheld or redacted: (1) emails between Dr. Tremblay and a third-party educator about his or her request for a leave of absence on which Ms. Benabdallah is copied; (2) to the extent one exists, a contract between Ms. Benabdallah and the District regarding the end of her employment; (2) an investigative report provided to the Framingham Public Schools regarding Ms. Benabdallah from the year 2021.
None of these records meet the definition of “public records” because they fall within exemption (c) of the public records law, which permits the withholding of:
Personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy.
G.L. c. 4, § 7 (26)(c). The Supreme Judicial Court of Massachusetts has found that a records custodian may withhold from disclosure as personnel information records containing information that is “useful in making employment decisions regarding an employee.” Wakefield Teachers Association v. School Committee of Wakefield, 431 Mass. 792, 798 (2000). For example, "employment applications, employee work evaluations, disciplinary documentation, and promotion, demotion, or termination information pertaining to a particular employee," may be withheld pursuant to the first clause of exemption (c). As the Secretary of State's Guide to the Massachusetts Public Records Law (Secretary of the Commonwealth, 1/13) notes, "the Massachusetts Supreme Judicial Court determined that exempting personnel information from disclosure serves to protect the government's ability to function effectively as an employer. The release of certain personnel information could disrupt the government's capability to conduct sensitive and careful investigations regarding employees. Id. at 802.
First, the emails between Dr. Tremblay and a third-party seeking a leave of absence upon which Ms. Benabdallah is copied fit squarely into both clauses of the exemption. The enclosed response does however, contain all non-exempt, segregable portions of that are subject to mandatory disclosure under G.L. c. 66, 10 (a).
Second, if a contract existed regarding the end of Ms. Benabdallah’s employment, this document would also fall under the first clause of exempt under the first clause of exemption (c) of G.L. c. 4, §7(26) because it is a personnel record, that would publicly identify Ms. Benabdallah, and would be considered useful in making employment decisions regarding Ms. Benabdallah and would, by definition, involve the termination of her employment.
Finally, an investigative report provided to the District in 2021 regarding Ms. Benabdallah also falls squarely within the first clause of exemption (c). See Wakefield Teachers Association v. School Committee of Wakefield, et al., 431 Mass. 792 (2000) (holding that an investigatory report, compiled to determine whether or not a teacher had acted improperly fell within the personnel records exemption).
Request Date
2021-07-13
Agency Tracking
2021-1226
Acquisition Notes
This record was automatically imported from https://www.townforms.com/FOIADirect-FraminghamMACitizens/
Hi Amy,
Hope all is well. I need to file a public records request for "copies of any records that show the occurrence of any ransomware attacks against school computer systems and records of any payments made in response to such an attack for the 2019-20 and 2020-21 school year" and "any contracts the school district has with any private investigators or law firms performing investigatory services during the 2020-21 school year."
If I could get any responsive records as PDFs or Word documents, that'd be great.
Request #1: Ransomware - The district has no responsive documents regarding this request.
Request #2: Benabdallah -
This is in response to your email dated July 13, 2021, in which you requested the following documents: (1) Emails between Superintendent Robert Tremblay and Allison Benabdallah from March 15 to present, including any attachments (and, including emails on which she is cc’d or bcc’d); (2) Any contracts regarding Allison Benabdallah’s employment as King Elementary School Principal, including any separation agreements or any agreements regarding the end of her employment; and (3) Any reports provided to or produced by the Framingham Public Schools regarding Allison Benabdallah from the year 2021.
We have attached responsive documents. However, the following documents have either been withheld or redacted: (1) emails between Dr. Tremblay and a third-party educator about his or her request for a leave of absence on which Ms. Benabdallah is copied; (2) to the extent one exists, a contract between Ms. Benabdallah and the District regarding the end of her employment; (2) an investigative report provided to the Framingham Public Schools regarding Ms. Benabdallah from the year 2021.
None of these records meet the definition of “public records” because they fall within exemption (c) of the public records law, which permits the withholding of:
Personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy.
G.L. c. 4, § 7 (26)(c). The Supreme Judicial Court of Massachusetts has found that a records custodian may withhold from disclosure as personnel information records containing information that is “useful in making employment decisions regarding an employee.” Wakefield Teachers Association v. School Committee of Wakefield, 431 Mass. 792, 798 (2000). For example, "employment applications, employee work evaluations, disciplinary documentation, and promotion, demotion, or termination information pertaining to a particular employee," may be withheld pursuant to the first clause of exemption (c). As the Secretary of State's Guide to the Massachusetts Public Records Law (Secretary of the Commonwealth, 1/13) notes, "the Massachusetts Supreme Judicial Court determined that exempting personnel information from disclosure serves to protect the government's ability to function effectively as an employer. The release of certain personnel information could disrupt the government's capability to conduct sensitive and careful investigations regarding employees. Id. at 802.
First, the emails between Dr. Tremblay and a third-party seeking a leave of absence upon which Ms. Benabdallah is copied fit squarely into both clauses of the exemption. The enclosed response does however, contain all non-exempt, segregable portions of that are subject to mandatory disclosure under G.L. c. 66, 10 (a).
Second, if a contract existed regarding the end of Ms. Benabdallah’s employment, this document would also fall under the first clause of exempt under the first clause of exemption (c) of G.L. c. 4, §7(26) because it is a personnel record, that would publicly identify Ms. Benabdallah, and would be considered useful in making employment decisions regarding Ms. Benabdallah and would, by definition, involve the termination of her employment.
Finally, an investigative report provided to the District in 2021 regarding Ms. Benabdallah also falls squarely within the first clause of exemption (c). See Wakefield Teachers Association v. School Committee of Wakefield, et al., 431 Mass. 792 (2000) (holding that an investigatory report, compiled to determine whether or not a teacher had acted improperly fell within the personnel records exemption).
Request Date
2021-07-13
Agency Tracking
2021-1226
Acquisition Notes
This record was automatically imported from https://www.townforms.com/FOIADirect-FraminghamMACitizens/