State Had To Intervene In Framingham Public Records Dispute

FRAMINGHAM, MA — It took Framingham almost three months and intervention by the Secretary of the Commonwealth's office to release three emails related to the resignation of the city's former health director — an ordeal that underscores how governments can use state law to withhold potentially damaging information.

The emails released this week showed that Dr. Sam Wong, Mayor Yvonne Spicer and spokeswoman Kelly McFalls were discussing how to describe Wong's resignation. At the time, multiple reports said Wong had resigned and sent a resignation letter to state and local officials during the last week of December. But for weeks, McFalls asserted Wong was on medical leave and had not officially resigned.

Three emails found

On Dec. 31, Patch requested records related to Wong's sudden departure. The request was made due to conflicting information from Mayor Yvonne Spicer's administration about whether Wong had resigned or was taking medical leave — an indication he might return. The request sought:

• Any emails, text messages or other communications on Dec. 28, 29 (2020) that mention Dr. Sam Wong
• Any emails sent to or from the [McFalls' email address] that contain the words/phrases "Sam Wong" "Dr. Wong" "resignation" "medical leave"

It took until Jan. 25 for Todd Palmer, Framingham's public records chief, to provide a response. He said the city had three emails that fit the request, but would not release them citing an exemption under state law that allows records that "constitute an unwarranted invasion of personal privacy" to be kept private.

More specifically, Palmer said the three emails contained "medical information and personnel information relative to Dr. Wong."

State appeal

Patch asked the Secretary of State's office to review the withheld records to ensure Framingham was following state law. On March 11, the Secretary of State's office ruled Framingham "did not meet its burden" to withhold the records.

In fact, the three emails withheld by Framingham didn't contain any medical information about Wong. The emails contained drafts of press releases that were intended to announce Wong's departure, but were never released to the public.

Patch has previously appealed to the state following a records request denial by Framingham. Palmer has declined to produce text messages and other cell phone data because doing so, he says, would require creating an entirely new record. The state has sided with Palmer on those denials. Although, the city has released text messages in the past.

City Council Chair George King said this week the city's behavior highlighted "major ethical and legal problems" around public records requests.

"This law is a critical component of open government and Framingham appears to feel fine about blatantly violating it. Sadly, Framingham is by far not alone in the way they disregard the law," he said in a social media post.

City Council action

The Framingham City Council has recently tried to probe the Spicer administration's public records operation. King called Palmer to speak to the City Council at the Feb. 23 meeting, but Chief Operating Officer Thatcher Kezer appeared instead, and told councilors Palmer had a medical condition that prevented him from being there.

Meanwhile, District 4 Councilor Michael Cannon has called for a vote at the upcoming March 30 meeting to require Palmer to come before the Council at a future date. Palmer was either on vacation or leave from his job as of March 25.

On a separate track, District 8 Councilor John Stefanini's Ordinance and Rules Committee is pursuing a new ordinance that would govern how the Council responds to records requests. Councilors have said they have spent hours combing through emails to respond to records requests. The committee voted unanimously Thursday to begin writing that new ordinance, which would only apply to the City Council and no other departments.

Stefanini has said he wants the City Council to move toward the model used by the Framingham Public Schools. School Committee Chair Adam Freudberg has said the district tries to respond to all records requests within one business day. State law allows up to 10 days for a response, and many governments in the state take advantage of that allotment.

Framingham needs to make sure "access to public information is the policy of this community," Stefanini said during Thursday's meeting.