Globe Newspaper Co. v. Executive Office of Administration & Finance

28 Mass. L. Rptr. 499
CourtMassachusetts Superior Court
DecidedApril 25, 2011
DocketNo. 0111184
StatusPublished

This text of 28 Mass. L. Rptr. 499 (Globe Newspaper Co. v. Executive Office of Administration & Finance) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Globe Newspaper Co. v. Executive Office of Administration & Finance, 28 Mass. L. Rptr. 499 (Mass. Ct. App. 2011).

Opinion

SaNders, Janet L., J.

This is an action for declaratory and injunctive relief pursuant to the Massachusetts Public Record Law, G.L.c. 66, §10. The case is before the Court on a Motion for Preliminary Injunction filed by the plaintiff, the Globe Newspaper Company (the “Globe”). The Motion seeks the disclosure of names and other identifying information of public employees redacted from separation, severance or settlement agreements between the public employees and the named defendants. The agreements without the names were turned over to the Globe a year ago.

The defendants contend that the redacted information falls within two exemptions from disclosure listed at G.L.c. 4, §7 26th (c) protecting “personnel and medical files or information” as well as any other materials “relating to a specific individual, the disclosure of which may constitute an unwarranted invasion of personal privacy.” Although ultimately the burden will fall on the defendants to show that these exemptions apply, it is the plaintiff who must demonstrate that a preliminaiy injunction is appropriate. The defendants argue that this latter burden has not been satisfied, particularly since granting the relief that the Globe requests will effectively decide the merits and result in the irrevocable loss of any privacy interest at stake before all parties have had an adequate chance to litigate the issues. This Court agrees, and therefore determines that the Globe’s motion must be Denied.

BACKGROUND

The instant case grows out of a public records request made by the Globe on March 8, 2010 to eight separate state agencies (the “State Defendants”) as well as the Massachusetts Port Authority (“MassPort”). The request sought copies of all “separation, severance, transition or settlement agreements” made with public employees since January 1, 2005 where compensation, benefits or other payments totaled more than $10,000. Responding on behalf of the State Defendants, legal counsel to the Governor produced copies of all requested agreements but redacted from them the names of the public employees who were parties to the agreements together with other information (like job title and address) which could tend to identify them. MassPort (a separate public entity not under the control of the Governor) responded in a similar manner.

That information that was produced included the types of claims which were at issue, the amounts paid to the public employee to resolve the claim, and a range of other information pertaining to benefits (e.g. health insurance) that the employee would receive following his or her termination from employment. Most of the agreements before the Court contain confidentiality provisions.2 Several include a promise by the public agency employer to provide the departing employee with a neutral employment reference or to limit information that it provides in response to any inquiry, presumably to protect the employee’s future job prospects. Atleast one agreement contains a promise by the public employee not to contact any of his or her colleagues except for “legitimate business reasons,” suggesting that the circumstances leading to the employee’s departure were difficult. All the agreements relate to settling some employment dispute, grievance or employment related litigation.

[500]*500In June 2010, the Globe made a separate request to the Office of Comptroller (the “Comptroller”) for records and payments exceeding $1,000 made from the Comptroller’s account for all settlements and judgments since January 1, 2005. In response, the Comptroller created a log showing the date and amount of each payment and the identity of the public agency that authorized it. The Comptroller declined to identify the individual recipients, however. The Globe appealed that decision to the Supervisor of Public Records. The appeal was denied.

This lawsuit was filed on March 15,2011. The Office of the Attorney General (representing the State Defendants) immediately notified those employees who were parties to the agreements about the pending litigation. Before hearing on the instant motion, three parties, including two public employee unions and one individual, have moved to intervene. They join in opposing the Globe’s motion.

DISCUSSION

In determining whether injunctive relief is appropriate, this Court applies the test set forth in Packaging Industries v. Cheney, 380 Mass. 609, 616-22 (1980). First, the moving party must show that it has a reasonable likelihood of prevailing on the merits of the underlying claim. Second, this Court weighs the relative harms to the parties if the injunction is or is not granted. Where the defendants are public entities, the public interest is an additional factor that this Court must consider. Tri-Nel Management, Inc. v. Board of Health of Barnstable, 433 Mass. 217, 219 (2001). Finally, this Court is mindful of the fact that granting the relief requested here will not preserve the status quo but quite the opposite, deciding the merits of the case within weeks of the action’s initiation, before all parties have had a chance to be heard, and on the basis of a thin record. In that sense, the request for relief is an extraordinary one which this Court should hesitate to allow unless I am convinced that the issues before me are purely legal and are capable of being resolved without additional information or input by the parties.3

Turning first to the merits, it becomes quickly apparent that this is not a case where the issues are strictly legal and easily decided on the record before me. The Globe argues that settlement and severance agreements are no more a personnel record than an MCAD complaint or arbitration claim, which are not the types of documents kept in an individual’s personnel file and therefore are not entitled to the protection of the “personnel file" exemption. The defendants counter that, at its core, the exemption applies to “disciplinary documentation” and “termination information” of a particular employee. See Wakefield Teacher’s Ass’n v. School Committee of Wakefield, 431 Mass. 792, 798 (2000). Because the severance agreements all relate to terminating the employee, often as a result of some disciplinary problem or similar dispute, they could very well turn out to fall within the personnel exemption if the factual record were further developed. With regard to the privacy exemption, the Globe maintains that there is no privacy interest at stake at all since names and addresses of public employees do not constitute “intimate details of a highly personal nature.” See e.g. Cape Cod Times v. Sheriff of Barnstable County, 443 Mass. 587, 595 (2005) (names of individuals appointed as reserve sheriffs do not fall within privacy exemption); see also Hastings & Sons Publishing Co. v. City Treasurer of Lynn, 474 Mass.812, 818-19 (1978) (names of municipal employees receiving money for off duty work details are not exempt from disclosure). However, as the Appeals Court noted in Georgiou v. Commissioner of Department of Industrial Accidents, 67 Mass.App.Ct. 428, 434 (2006), whether a privacy interest is implicated in a particular case “requires a somewhat more nuanced examination” that depends on the context in which disclosure is made. In Georgiou, it meant that the employees would be identified as being sufficiently disabled to be out of work for five or more days— enough of a privacy interest to convince the Appeals Court to overturn the lower court’s decision requiring disclosure without a fully developed factual record.

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Related

Packaging Industries Group, Inc. v. Cheney
405 N.E.2d 106 (Massachusetts Supreme Judicial Court, 1980)
Globe Newspaper Co. v. Police Commissioner
419 Mass. 852 (Massachusetts Supreme Judicial Court, 1995)
Wakefield Teachers Ass'n v. School Committee
731 N.E.2d 63 (Massachusetts Supreme Judicial Court, 2000)
Tri-Nel Management, Inc. v. Board of Health
433 Mass. 217 (Massachusetts Supreme Judicial Court, 2001)
Cape Cod Times v. Sheriff of Barnstable County
823 N.E.2d 375 (Massachusetts Supreme Judicial Court, 2005)
Georgiou v. Commissioner of Department of Industrial Accidents
854 N.E.2d 130 (Massachusetts Appeals Court, 2006)

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Bluebook (online)
28 Mass. L. Rptr. 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/globe-newspaper-co-v-executive-office-of-administration-finance-masssuperct-2011.