Mason Woolley v. University of Massachusetts - President's Office (SPR 20180903)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords June 27, 2018 SPRlS/903 Christine M. Wilda Associate Chancellor for Compliance Office of the Chancellor 374 Whitmore Building Amherst, MA O1 003 Dear Ms. Wilda: I have received the petition of Mason Woolley appealing the response of the University of Massachusetts -Amherst (University) to his request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Woolley requested records relating to a certain complaint. The University's April 2nd response In a response dated April 2, 2018, the University claimed that the requested records were exempt from disclosure pursuant to Exemption (f) under the Public Records Law. Specifically, the University claimed that the Office of Equal Opportunity and Diversity could not make "investigatory files" available to the public. Unsatisfied with this response, Mr. Woolley petitioned this office, and this appeal was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § lO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Christine M. Wilda SPR18/903 Page 2 June 27, 2018 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. It is my understanding that a member of the Public Records Division staff contacted you regarding this matter, and you provided a supplemental response. The University's June 19th response In a response dated June 19, 2018, the University indicated that it is no longer claiming that Exemption (f) exempts the requested records from disclosure. The University clarified that following an extensive search, it was unable to locate any documents responsive to Mr. Woolley' s request. Use of custodian's superior knowledge In accordance with the Public Records Law, a custodian is expected to use their superior knowledge of the records in his custody to assist the requester in obtaining the desired information. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § lO(a)(ii). A records access officer must explain whether it possesses any other responsive records and use its knowledge of the records to facilitate providing any additional responsive records. G. L. c. 66, § lO(b)(vii) (an agency shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). The University has confirmed in correspondence with this office that it is in possession of no records responsive to Mr. Woolley's request. Conclusion .Given thattheUniversitydoes not possess responsive records and it has no dutytocreate ... them, accordingly, I will now consider this administrative appeal closed. Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Mason Woolley Debora Ferreira