Request #2021-1638 (Framingham, MA - Mayor's Office)

Request for public records made to City of Framingham by The New FU Spotlight Team.

Agency

City of Framingham

Summary

Seeking all emails sent or received by Sam Wong, Delores Hamilton, Kelly McFalls, Yvonne Spicer, and Jennique Horrigan , which contain the text "Message from" in the subject line.  Please send in the email format and preserve the attached WAV file.   Date range to search 12/20/2020-2/28/2021.. Due to the fact that these are “live” emails/voicemails and not static documents, and thus cannot be redacted appropriately, twenty-two (22) emails/voicemails are being withheld as Personnel Records that are exempt under (b) and/or (c) and/or (o). Exemption (b) related solely to internal personnel rules and practices of the government unit, provided however, that such records shall be withheld only to the extent that proper performance of necessary governmental functions requires such withholding G. L. c. 4, § 7(26)(b).  Exemption (c) 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 privacy exemption is made up of two separate clauses, the first of which exempts personnel and medical files. As a general rule, medical information will always be of a sufficiently personal nature to warrant exemption. The second clause of the privacy exemption applies to requests for records that implicate “intimate details of a highly personal nature” such as marital status, paternity, substance abuse, government assistance, family disputes and reputation. Withholding serves to protect the City’s ability to function effectively as an employer and release of certain personnel information could disrupt the City’s capability to conduct sensitive and careful investigations regarding employees. Personnel information that is useful in making employment decisions regarding an employee is sufficiently personal to be exempt pursuant to the first clause. Such information includes employment applications, employee work evaluations, disciplinary documentation, and promotion, demotion, or termination information. Exemption (o) the home address, personal email address and home telephone number of a person while identifying the individual as a government employee G. L. c. 4, § 7(26)(o). The subject matters and details of the withheld voicemails include, but are not limited to, financial loans, health benefits, COVID exposure, furloughs, FFCRA leave, etc., all of which fall under the above exemptions. 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). You have a right to appeal this response to the Supervisor of Public Records pursuant to G.L. c. 66, §10A(a) or to file an action in Superior Court pursuant to G.L. c. 66, §10A(c).

Request Date

2021-09-17

Agency Tracking

2021-1638

Acquisition Notes

This record was automatically imported from https://www.townforms.com/FOIADirect-FraminghamMACitizens/

Status

Fulfilled

Requester

The New FU Spotlight Team

This record is part of the StateReference Public Records Requests collection. This is a public records request to a state agency or municipality.

This record was originally posted at https://www.townforms.com/FOIADirect-FraminghamMACitizens/.