State Orders Wayland To Hand Over Records Related To Chief's Departure

WAYLAND, MA — After months of delays, state officials have ordered Wayland to turn over records related to the sudden leave of absence taken by the town's police chief in April.

The ruling from the Secretary of State's Public Records Division comes after former acting town manager Stephen Crane — who is now Ipswich's town manager — withheld documents that might shed light on why the chief suddenly went on leave after only a few months on the job. Crane had said the town could not release the records because of an ongoing law enforcement investigation.

Attorneys in the Public Records Division reviewed the documents withheld by Crane, and said in an Oct. 26 ruling that they could be released.

"Upon in camera review of the responsive records, I find that although portions of the records may fall within the above claimed exemption, it is unclear how the records can be withheld in their entirety," the ruling said.

Sean Gibbons, a longtime Wayland police officer, was hired in December to become the town's chief. Less than five months later, Gibbons went on leave with no explanation, and Crane declined to say why. Lt. Ed Burman became acting chief in the interim.

During recent meetings, the Wayland Select Board has entered executive session to "conduct strategy sessions in preparation for negotiations" with Gibbons, but his status in the police department is otherwise unclear.

In early May, Wayland Patch began making requests for public records related to Gibbons' leave, touching off a six-month-long struggle that culminated in the Secretary of the Commonwealth's review last week.

The town has 10 business days to respond to the state's order, putting the deadline at Nov. 9. Wayland could release the records, but may also choose to continue to withhold them or appeal the state's ruling. Withholding the records without explanation could trigger a referral to the state Attorney General's office for enforcement.

Assistant Town Manager John Bugbee said Tuesday he is discussing the response with a town attorney, but did not immediately say how Wayland might respond.

Here's a timeline of Wayland Patch's request for records in this case:

May 5

Wayland Patch filed a public records request seeking emails between Gibbons and Crane, or complaints made against Gibbons.

• Any complaints filed by either Wayland town employees or any member of the public against Chief Sean Gibbons
• Any emails between Chief Sean Gibbons and acting Town Administrator Stephen Crane in April 2022.

May 6

Crane responded to the request via email saying, "Any records related to complaints, if they exist, are protected. As far as far as emails go, I would have to run a search, review each email, and possibly make redactions — at a rate of $25 per hour. Do you want that estimate?"

Wayland Patch filed an appeal of Crane's denial with the Secretary of the Commonwealth's Public Records Division because Crane did not follow the state public records law by citing a specific exemption for withholding the records.

May 20

The town released six emails between Crane and Gibbons in two separate threads. In one, the pair discussed Gibbons coming to town hall to drop off paperwork; in the other, Crane sent Gibbons a letter as an attachment, but it was not included the emails Wayland released.

Crane withheld records related to complaints filed against Gibbons citing exemption F under the public records law, which covers "investigatory materials necessarily compiled out of the public view by law enforcement or other investigatory officials the disclosure of which materials would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest."

Wayland Patch appealed Crane's denial, asking for an "in camera" review of the records by the state to make sure they fit under exemption F.

"The investigation is still underway. This is asked and answered," Crane replied.

June 6

The Public Records Division agrees to do an independent "in camera" review of the records, and orders Wayland to turn over the documents.

Mid-August

Wayland Patch followed up with the Public Records Division about the review. Wayland at that point had not turned over the records per the June 6 order.

Sept. 7

Wayland Patch emails Crane and members of the Select Board because the records had still not been turned over.

"I thought these were sent. I need to check with counsel to see what happened," Crane replies via email.

Sept. 27

Crane confirms the records have been sent to the state. The Public Records Office confirms the review of documents has begun, giving the state generally about 15 business days to complete the review.

Oct. 26

The state issues the following determination after reviewing the records: