PITTSFIELD, Mass. — The Pittsfield Public Schools have been ordered to release non-exempt parts of the PHS investigation report by May 8 after a community advocate filed a public records request.

"Pittsfield residents deserve transparency when it comes to the actions of public officials within taxpayer-funded institutions," petitioner and Pittsfield resident Ciara Batory said in a press release on Monday.

 "The community has a right to understand how serious issues are investigated and addressed. This decision is a win for every parent, student, and resident who believes in open, honest governance."

Batory has children in the school system, she said, "although they are not yet in high school, I am deeply invested in the future of our entire school community." 

On April 1, Batory formally requested a copy of the investigative report into alleged wrongdoing by two administrators who have since been cleared by an outside investigation.

School officials initially promised complete transparency in the process but have since cited legality as a hurdle for releasing the report on "unsubstantiated" claims. Chair William Cameron said via email on Monday that the School Committee will discuss further action in executive session during Wednesday's regular meeting.

PPS initially denied Batory's public records request, and following an appeal to the secretary of the commonwealth's Public Records Division, Supervisor of Records Manza Arthur ruled on April 24 that the district failed to justify withholding the report in full and ordered that any non-exempt portions of the report be provided.

This ruling also suggests that the public interest in transparency and accountability may outweigh individual privacy concerns.

Batory provided screenshots of the ruling sent to Anne Marie Carpenter, PPS director of human resources, diversity, and inclusion.

"The School is ordered to provide Ms. Batory with a response to her request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days," it reads.

The district cited a couple of broad Public Records Law exemptions for its reasoning to withhold the report: a statuary exemption that allows the withholding of records that are specifically or by necessary implication exempted from disclosure by the statue and an exemption that applies to personnel, medical, or other materials or data relating to a specifically named individual where the disclosure may constitute an unwarranted invasion of personal privacy.

"This exemption does not protect all data relating to specifically named individuals. Rather, there are factors to consider when assessing the weight of the privacy interest at stake: (1) whether disclosure would result in personal embarrassment to an individual or normal sensibilities; (2) whether the materials sought contain intimate details of a highly personal nature; and (3) whether the same information is available from other sources," Arthur wrote about the section exemption.

"…This exemption requires a balancing test, which provides that where the public interest in obtaining the requested information substantially outweighs the seriousness of any invasion of privacy, the private interest in preventing disclosure must yield."

The secretary noted that the "public has recognized interest in knowing whether public servants are carrying out their duties in a law abiding and efficient manner."

Earlier this month, school officials requested a recap of the process and, if possible, the findings of Bulkley Richardson & Gelinas' investigation commissioned by the School Committee.

Last week, the City Council urged the School Committee to release a public summary of the findings from the independent investigation into staff misconduct at PHS. Councilors said they have been left in the dark along with the general public, so much so that Ward 1 Councilor Kenneth Warren also submitted a public records request.

Arthur determined that the district hasn't met its burden to withhold the entire record, and "it is uncertain how the record contains intimate details of a highly personal nature or how disclosure would result in personal embarrassment to an individual of normal sensibilities. It is additionally not clear from the School's response whether this information is available from other sources."

The district is also asked to provide information that examines whether the public interest in obtaining the requested information outweighs the seriousness of any invasion of privacy.

Arthur also noted that it is uncertain how the record can't be segregated so that non-exempt portions can be provided.

"The outcome reinforces the strong protections under Massachusetts' Public Records Law and sets an important precedent for public accountability in local government and education systems," Batory wrote.

Pittsfield, Mass., Public Schools Public Records Request by iBerkshires.com

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