To Tell, or not to tell: Laws conflict on public disclosure of job reviews

Worcester Telegram 2/5/10: To Tell, or not to tell: Laws conflict on public disclosure of job reviews. A recent Supreme Judicial Court decision does little to resolve a long-running conflict between state laws that govern public meetings and public records, according to local officials and observers. The state’s highest court sided with the Middlesex district attorney’s office when it found the Wayland School Committee violated the Open Meeting Law by evaluating the school superintendent in executive, or nonpublic, session. The Open Meeting Law requires that discussion of a public employee’s professional competence be public; it does not apply to discussion of his or her reputation, character or health. But under public records law, written performance evaluations are exempt from disclosure, unless made public by the employee being evaluated. “Many of us are still confused as to how a board is to compile a confidential, nonpublic document (the evaluation) but discuss the same subject in an open meeting,” said Gregory B. Franks, Westboro’s town counsel.

Leave a Reply (full real name required)

Your email address will not be published. Required fields are marked *