CHELMSFORD — The School Committee has rejected a public-records request from The Sun seeking a copy of the departure settlement negotiated between outgoing Superintendent Frank Tiano and the board.
The committee’s attorney, Andrew Waugh, said the agreement is a personnel record and exempt from disclosure under the state’s public-records law.
The Sun will be appealing the decision to the state supervisor of public records.
“In order to conclusively resolve this issue, the Committee and Dr. Tiano have agreed to submit any records matching the description in your letter to the Supervisor of Public Records for a final determination,” reads the response drafted by Waugh and signed by new committee Chairman Al Thomas. “The Committee and Dr. Tiano will abide by the Supervisor’s determination.”
“We’re going with what our lawyer has instructed us to do,” Thomas said Tuesday when pressed for further comment. “I can’t say anymore than that.”
“This is very disheartening from a board whose recent troubles have a lot to do with a lack of transparency and oversight,” said Jim Campanini, editor of The Sun. “There is no exemption for such secrecy, especially when taxpayers’ money is used in a financial transaction of this sort. The public has a right to know and The Sun is confident its request will be upheld by the state.”
The Sun delivered nearly identical records requests to both the School Committee and Tiano on April 6, requesting copies of agreements that led to the April 1 announcement Tiano would resign effective July 1. The newspaper also requested the minutes from the five executive sessions the committee held regarding Tiano.
The board’s response stated the executive session minutes were also exempt from disclosure under the privacy exemption of the state Public Records Law, citing that Tiano remains an employee of Chelmsford Public Schools and “publication (of the documents) may defeat the lawful purposes of the executive session.”
The same provision of that law also states the materials may be released once the purpose for the executive session has been served, unless attorney-client privilege or other exemptions apply.
The Sun also asked for legal costs associated with the committee’s involvement in the Tiano matter. To date, those legal costs had a price tag of $3,995, according to the response.
Under Massachusetts Public Records Law, public officials must respond to a public-records request within 10 calendar days. The School Committee responded on April 17. Until Tuesday, Tiano had not acknowledged receipt of the request.
In response to a Tuesday afternoon phone call inquiring on the matter, Tiano said in a Tuesday night email that the request had been “forwarded to attorneys.”
The Sun has yet to receive an official written response from Tiano on the request.
Follow Alana Melanson at facebook.com/alana.lowellsun or on Twitter and Tout @alanamelanson.
