Wednesday, November 9, 2016

Massachusetts Public Records:

What records are public? Every record that is made or received by a government entity or employee is presumed to be a public record unless a specific statutory exemption permits or requires it to be withheld in whole or in part. Specific statutory exemptions have been created by the legislature. These exemptions, which are discretionary to the records custodian, allow the records custodian to withhold a record from the general public.

So the Templeton Board of Selectmen quoted the following to deny a public records request:
Massachusetts General Law, chapter 4, section 7 (26) exemption c:

Section 7: Definitions of statutory terms; statutory construction

  Section 7. In construing statutes the following words shall have the meanings herein given, unless a contrary intention clearly appears:

Twenty-sixth, "Public records'' shall mean all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, or any person, corporation, association, partnership or other legal entity which receives or expends public funds for the payment or administration of pensions for any current or former employees of the commonwealth or any political subdivision as defined in section 1 of chapter 32, unless such materials or data fall within the following exemptions in that they are:
(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;

Since I believe an employee time sheet is about the spending of public monies and would show the hours an employee works, this is worth a letter to the Secretary of the Commonwealth.

posted by Jeff Bennett

A very secretive board of selectmen; they do not think anyone deserves to see the number of days and hours your employees work!

Mr. Bennett:

In response to your request of November 5, 2016, the Town, per exemption (c) under G.L. c.  4, § 7(26), does not release any records containing personnel information of the Town employees.

Holly A. Young
Holly A. Young,

November 5, 2016

Holly;
This is a request under the Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10). I am requesting that I be provided a copy of the following records:
I am requesting the copies of time sheets for personnel in Templeton Town Hall from July 1, 2016 through October 31, 2016.
I recognize that you may charge reasonable costs for copies, as well as for personnel time needed to comply with this request. If you expect costs to exceed $10.00, please provide a detailed fee estimate.
The Public Records Law requires you to provide me with a written response within 10 calendar days. If you cannot comply with my request, you are statutorily required to provide an explanation in writing.

Sincerely,
Jeff Bennett

posted by Jeff Bennett