Politics & Government

Fraud Examination Report Question Arises Before Nonpublic Session

School Committee members had a brief conversation Wednesday about the status of the auditor's fraud examination report. The conversation took place before they voted to enter executive session.

 

Several School Committee members on Wednesday told a fellow member that an auditor's fraud examination report remained a nonpublic document. 

The conversation came after School Committee member Jaren Landen asked if the report would be made public at some point.

Find out what's happening in Swampscottwith free, real-time updates from Patch.

School Committee member Marianne Hartmann said the law is somewhat vague on the question. Others on the committee restated some of the reasons given earlier for not releasing the report to the public.

The committee then voted to enter a nonpublic session for the following reason: to investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

Find out what's happening in Swampscottwith free, real-time updates from Patch.

Earlier, Acting Town Administrator Dave Castellarin, on behalf of the Board of Selectmen and the School Committee, said the auditor's fraud examination report was nonpublic.

"The report is not a public record, since it is going to be reviewed by the police department and the Attorney General and because it contains personal and personnel information," he said. "Any additional recommendations which result from review of the report by the police department or the Attorney General will be carefully considered."

Some residents, however, maintain that the tax-supported forensic audit, which cost slightly more than $45,000, should at least in part be released to the public.

Some have suggested that sensitive personal or personnel information could be blacked out.

The acting town administrator recently reaffirmed the town and school position after Patch asked that the report be made public under the state's Public Records Law.

Castellarin said the report was exempt from the records law for the reasons mentioned above and, additionally, for the following reason:

"Finally, certain requested documents relate to internal rules, the disclosure of which may detrimentally affect the proper performance of certain government functions."

The denial of the request can be appealed within 90 days to the Supervisor of Records in the Division of Public Records, according to an online guide Massachusetts Secretary of State's Office.

All records are presumed to be public.

"Every document, paper, record, map, photograph, etc., as defined by law, that is made or received by a government entity or employee is presumed to be a public record," the guide states. "Specific statutory exemptions to this rule have been created by the Legislature.  These exemptions, which are discretionary to the records custodian, allow the records custodian to withhold a record from the general public."


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