Lisa Ducharme v. Westfield State University (SPR 20182082)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 8, 2019 SPRlS/2082 Tricia Oliver Westfield State University 333 Western Ave Westfield, MA O1 086 Dear Ms. 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, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on February 13, 2018, Ms. Ducharme requested all emails containing certain keywords dated between January 1, 2015 and February 12, 2018. Previous appeals This request was the subject of previous appeals. See SPR18/618 Determination of the Supervisor of Records (May 17, 2018); SPR18/885 Determination of the Supervisor of Records (June 27, 2018); SPR18/1047 Determination of the Supervisor of Records (July 30, 2018); SPR18/1159 Determination of the Supervisor of Records (August 15, 2018); SPR18/1456 Determination of the Supervisor of Records (October 16, 2018); SPR18/l 765 Determination of the Supervisor of Records (December 7, 2018). I closed SPR18/1765 by ordering the University to provide Ms. Ducharme with a revised response prepared in a manner consistent with the order, the Public Records Law and its Regulations within 10 business days. It is my understanding that on December 20, 2018, the University provided Ms. Ducharme a revised response to her request for records. Unsatisfied with the University's response, Ms. Ducharme petitioned this office and as a result SPRl 8/2083 was opened. Current Appeal In the December 20th letter to Ms. Ducharme, the University states it is providing records responsive to Ms. Ducharme's request that were previously withheld from production and/or initially redacted. The University also notes it has included within its custodial index "the identity of records ( all being emails), categories of records or portion of records withheld and the specific reasons for withholding or redacting information, including the specific exemption or exemptions upon which the withholding is based." 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

Tricia Oliver SPR18/2082 Page2 January 8, 2019 In response to the University's December 20th letter, Ms. Ducharme states she is appealing the University's response as she does not believe they have met their burden to withhold records. Ms. Ducharme also notes, "WSU has not provided a valid specific reason that warrant withholding the emails." Conclusion I find Ms. Ducharme's appeal is unclear; for example, it is unclear which part of the University's response she objects to, nor is it clear which records within the index she continues to seek. Ms. Ducharme may resubmit her request to the University or appeal to this office once it has been clarified. See G. L. c 66, § lO(a)(i) (the request must reasonably describe the public record sought); 950 C.M.R. 32.08(1)(±) (all petitions for appeal shall be in writing and shall specifically describe the nature of the requestor's objections to the response or failure to provide a timely response). Sincerely, Rebecca S. Murray Supervisor of Records cc: Lisa Ducharme