Mason Woolley v. University of Massachusetts - President's Office (SPR 20181749)

The Commonwealth of Massachusetts _W illiam Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords November 30, 2018 SPR18/1749 Denise Barton, Esq. Senior Litigation Counsel University of Massachusetts Office of the General Counsel 333 South Street Shrewsbury, MA 01545 Dear Attorney Bmion: I have received the petition of Mason Woolley appealing the response of the University of Massachusetts - Amherst (UMass Amherst) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Woolley requested a copy of certain emails from 3/24/18 to 5/24/18. UMass Amherst provided Mr. Woolley with responsive email correspondence in June 2018; however, on November 13, 2018, Mr. Woolley petitioned the Supervisor of Records (Supervisor) concerning emails that he contends he did not receive from UMass Amherst. After reviewing this information I find that I am unable to accept your appeal. The Public Records Access Regulations, which govern the procedural aspects of all appeals, require that an appeal to this office be filed within ninety (90) days of the date of the request letter, or within ninety (90) days of the date of a written response :from the record custodian. See 950 C.M.R. 32.08 (1 )(d ); 950 C.M.R. 32.08 (1 )(e ). The attachments you provided with your appeal have exceeded the ninety day limit. Requests related to ongoing litigation Ina November 30, 2018 telephone conversation, Denise Barton, Esq., Senior Litigation Counsel for UMass informed this office that UMass is actively involved in a civil comi action, entitled, Mason Woolley v. University of Massachusetts Amherst, Hampshire Superior Court Docket No. 1880-CV-OO 162. This office learned that there is also an active administrative process filed by Mr. Woolley against UMass at the Commission Against Discrimination (MCAD), MCAD Docket No. 18PR02434. One Ashbu1ion Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Denise Bmion, Esq. SPRIS/!749 Page 2 November 30, 2018 Whereas the public records in question are the subject of a dispute in active litigation, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b) (the Supervisor may deny an appeal if, in the opinion of the Supervisor, "the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation"). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b ). Accordingly, I consider this administrative appeal closed. Sincerely, ~'~ Supervisor of Records cc: Christine M. Wilda, Chancellor of Compliance Mason Woolley