Lisa Ducharme v. Westfield State University (SPR 20181456)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 16, 20 18 SPRl811456 Tricia Oliver Westfield State University 333 Western Ave Westfield, MA 01086 Dear Tricia Oliver: I have received the petition of Lisa Ducharme appealing the response of Westfield State University (University) to a request for public records. G. L. c. 66, 5 10A; See also 950 C.M.R. 32.08(1). Specifically, on February 13,201 8, Ms. Ducharme requested all emails containing certain keywords dated between January 1,201 5 and February 12,201 8. Unsatisfied with the University's response, Ms. Ducharme petitioned this office and as a result SPR18/1456 was opened. Previous Appeals This appeal is the subject of previous appeals. SPRl8/618 Determination of the Supervisor of Records (May 17,201 8); SPR181885 Determination of the Supervisor of Records June 27,2018 ); SR18/1047 Determination of the Supervisor of Records (July 30,2018 ); SPRl811159 Determination of the Supervisor of Records (August 15,2018). I closed SPR18/1159 with the understanding the requestor and the University would communicate further so that the responsive records may be provided to the requestor. In an email dated August 16, 201 8, Ms. Ducharme expressed to this office that there has been no further communication. Subsequently, a second determination was sent ordering the University to provide Ms. Ducharme with a custodial index of the records and the basis of the exemption claims for each record or each category of the records. SPRl8/1159 Determination of the Supervisor of Records (August 30,20 18 ). Current Appeal In a petition dated September 29,2018 , Ms. Ducharme writes, "[alfter speaking with Tricia Oliver, we adjusted the date to ensure the pull was more manageable instead of 1/1/2015- 2/12/2018, the date to 1/1/2017 to 2/12/2018." In her September 29thl etter, Ms. Ducharme expressed that she is requesting "to have the original dates reinstated, as the reason for the email dates to be adjusted was based on the fact that there were so many emails." Ms. Ducharme states, One Ashburton Place, Room 17 19, Boston, Massachusetts 02108 (617) 727-2832. Fax: (617) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us

Tricia Oliver Page 2 October 16,2018 "[als of today, there are only 66 valid pages and at most 45 emails." Ms. Ducharrne also noted that she did not see emails prior to July 2017 when she reviewed the index as the parameter was for emails between 1/1/2017 to 2/12/2018. In light of these reasons, Ms. Ducharme seeks to reinstate the original dates (January l,201 5 to February 12,201 8 ) in her February 13 request th for records and the removal of emails that "do not meet the 3 basic requirements." Custodial Index In order to facilitate closure of this matter and to aid in the cooperation of the parties, I find that the University must provide Ms. Ducharme a revised custodial index of the records and the basis of the exemption claims for each record or each category of the records. See 950 C.M.R. 32.08(5)(a),(b) (the Supervisor may require a records access officer or custodian to compile an index of the requested records within the context of a public records appeal). The custodial index of the records and/or categories of records may allow Ms. Ducharme to determine which types of records are responsive to her request. This may also allow a revision of the fee estimate. Please be advised, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. 950 C.M.R. 32.04(5). Order Accordingly, the University is ordered to provide Ms. Ducharme with a revised custodial index of the records in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of the custodial index must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@,sec.state.ma.us. Sincerely, V Rebecca S. Murray Supervisor of Records cc: Lisa Ducharme