Henry, Thomas v. University of Massachusetts - Lowell (SPR 20140690)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 17, 2015 SPR14/690 Mr. Thomas S. Hoole Chief Procurement Officer University ofMassachusetts-Lowell Wannalancit Business Center, Room 415 600 Suffolk Street Lowell, MA 01854-5103 Dear Mr. Hoole: I have received the petition of Michael A. Feinberg, Esq. appealing the response ofthe University of Massachusetts at Lowell (University) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney Feinberg requested records related to office and other space that the University intends to occupy at a development known as "Harbor Place" in the City of Haverhill, Massachusetts. In particular Attorney Feinberg sought copies of any "lease, memoranda, or other documents sent to or entered into; between the University and "the owner or developer of Harbor Place. The University denied the request, citing several exemptions to the Public Records Law but providing no other information other than to say the project is in "active negotiation." G. L. c. 4, § 7 (26)( d), (g), (h). In a discussion on February 4, 2015 with an attorney on my staff, you confirmed that the University is still currently negotiating an agreement that has not yet been finalized. As such you maintain the University's claim under the deliberative process exemption to the Public Records Law. I find, however, that the University's response does not meet a record custodian's burden of specificity to deny access to public records. The Public Records Law states that "the burden shall be upon the custodian to prove with specificity the exemption which applies." G. L. c. 66, § 10 ( c) (emphasis added). See also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Thomas S. Hoole SPR14/690 Page Two March 17, 2015 I find the University has failed to meet its burden of specificity in denying access to public records. Accordingly, the University is hereby ordered to provide all remaining responsive records to Attorney Feinberg in a manner consistent with this order, the Public Records Law and its Regulations. If the University intends to withhold or redact any portion of the responsive records pursuant to a specifically stated exemption, Attorney Feinberg must be provided with a custodial index. See 950 C.M.R. 32.08(8); see also Suffolk Constr. Co., Inc., v. Div. of Capital Asset Management, 449 Mass. 444, 460 (2008). T · s administrative appeal is now closed. cc: Mr. Michael A. Feinberg, Esq.