NewburyportNews.com, Newburyport, MA

Local News

March 5, 2010

Paper makes formal request to view DePaolo's contract

HAVERHILL — Mayor James Fiorentini said yesterday he is "outraged" that the principal of Whittier Regional Vocational Technical High is still getting paid her $120,869 annual salary, even though she's not showing up for work.

The Eagle-Tribune, sister paper of The Daily News, has filed a formal request under the state Public Records Act for a copy of Principal Deborah DePaolo's contract with Whittier. Whittier Superintendent William DeRosa said Wednesday that on the advice of the school's lawyer, he could not release a copy of the agreement because it is a "personnel" record.

Yesterday, The Eagle-Tribune challenged the school's refusal to release the contract. The Secretary of State's Office will consider the request. Attorney Jeffrey Pyle, who represents the newspaper, said a contract between a school district and an employee is not exempt from the public records law.

Pyle, of the Boston law firm Prince, Lobel, Glovsky & Tye, said DePaolo's contract is not shielded from public scrutiny and therefore should be released to The Eagle-Tribune.

"The Public Records Act does not exempt contracts between municipalities and officers or employees from the requirement of public disclosure,'' Pyle said. "Although there is an exemption for personnel records in the Public Records Act, that applies to such documents as performance evaluations and other materials that are useful for making employment decisions."

He also said there is "no authority in case law" for hiding a school administrator's contract.

Brian McNiff, spokesman for Secretary of State William Galvin, whose office enforces the Public Records Act, said the law considers every government document to be public, but nevertheless does permit several exemptions. McNiff said if DeRosa refuses The Eagle-Tribune's request to see DePaolo's contract, the newspaper can appeal to Supervisor of Public Records Alan Cote.

DeRosa said that while the Whittier superintendent hires the principal, it is the Regional School Committee that approves the contract between the principal and the district. The Whittier committee has representatives from each of the 11 communities in Greater Haverhill and Newburyport that sends students to the school.

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