Request #2021-1802 (Framingham, MA - Human Resources)

Request for public records made to City of Framingham by Olufunmilola Shelly.

Agency

City of Framingham

Summary

Seeking all emails in the email box of  Jennique Horrigan, Mary Ellen Kelly, Delores Hamilton, Yvonne Spicer, and Todd Palmer with an attached file "VoiceMessage.wav"  Dates to search 1/1/2021-4/30/2021.  Send all attachments Seeking all emails in the email box of  Jennique Horrigan, Mary Ellen Kelly, Delores Hamilton, Yvonne Spicer, and Todd Palmer with the following phrase in the subject line "message from"  Dates to search 1/1/2021-4/30/2021.  Send all attachments The Human Resources Department has two hundred and two (202) responsive emails/voicemails for the time period specified in this request of January 1st through April 30th, 2021. The first seventy-six (76) responsive documents have already been requested and provided under Public Records Request 2021-1638 and are readily available. The balance of one hundred and twenty-six (126) records are addressed under this Request 2021-1802. Due to the fact that these are “live” emails/voicemails and not static documents, and thus cannot be redacted appropriately, fifty-three (53) emails/voicemails are being withheld as Personnel Records that are exempt under Exemptions (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, etc. 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, etc. 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 from the HR Department include, but are not limited to, Union Bargaining, Worker’s Compensation, COVID exposure, financial loans, etc., as well as identification of specifically named employees and their personal home contact information, all of which falls 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). - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  264 responsive documents total from the Mayor's office, CFO's office and SRAO - 9 withheld 5 - phone 4 - medical 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, etc. 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

2021-10-12

Agency Tracking

2021-1802

Acquisition Notes

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

Status

Fulfilled

Requester

Olufunmilola Shelly

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/.