Lisa Ducharme v. Westfield State University (SPR 20190092)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 29, 2019 SPR19/092 Tricia Oliver Westfield State University 333 Western Ave Westfield, MA O1 086 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, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Lisa Ducharme requested a copy of the University's compensation practices. Previous appeals This request was the subject of a previous appeal. See SPRl 8/2057 Determination of the Supervisor of Records (December 26, 2018). In SPR18/2057, I found that it is unclear if the University possesses any other records responsive to Ms. Ducharme's request. Accordingly, I ordered the University to provide Ms. Ducharme with a response to the request, provided in a manner consistent with the order, the Public Records Law and its Regulations within 10 business days. It is my understanding that on January 4, 2019, 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 9/092 was opened. 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). Current Appeal In the January 4th letter to Ms. Ducharme, the University states, "the University has no other records that are responsive to your request." In a letter to this office dated January 14, 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 SPR19/092 Page 2 January 29, 2019 2019, Ms. Ducharme states, "I am appealing WSU's response that the University has no other records that are responsive to my Public Records Request. They are not stating they do not have a University compensation practice." Ms. Ducharme further writes, "I believe there are documents because in order for WSU to ensure consistency with a University Compensation practice it must be documented, otherwise depending on who the area VP talks to in Human Resources they will receive an individual's interpretation, instead of a University compensation practice." Ms. Ducharme adds, "I would have had no knowledge of a University Compensation practice, but for the fact that Dr. William told all AP A members, the President and the President's Cabinet that we have one." Please be advised, 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 ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). 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. See 950 C.M.R. 32.04 (5). Conclusion In light of Ms. Ducharme' s January 14th letter to this office, in addition to Dr. William's September 26, 2018 memo, it remains unclear whether the University possesses a copy of the University's compensation practices. Accordingly, the University is ordered to provide Ms. Ducharme with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. A copy of any such response 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, ~~ Rebecca S. Murray Supervisor of Records cc: Lisa Ducharme