Dusty Christensen v. University of Massachusetts - Amherst (SPR 20190493)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 19, 2019 SPR19/0493 Christine M. Wilda University of Massachusetts - Amherst 340 Whitmore Building Amherst, MA O1 003 Dear Ms. Wilda: I have received the petition of Dusty Christensen of the Daily Hampshire Gazette appealing the response of the University of Massachusetts - Amherst (University) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, the requestor requested "[a] press release from the UMass Amherst news office on Jan. 31, 2019 announced a 'master research agreement' between the university and the company PPG. That same press release says that UMass Amherst has 'nearly 20 such research agreements with private companies and research institutes and is in discussions for several more.' I am requesting all of those research agreements, including the recent agreement with PPG." The University responded to the request providing a responsive record and a fee estimate. 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, § 1O (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 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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 SPR19/0497 Page2 March 19, 2019 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Compliance with the requirements ofp roviding a response; fees Despite the University's response, it remains unclear how the University complied with the criteria required by an RAO in providing a response to a public records request. See id. Further, it is unclear how the Department is permitted to charge a fee. See 950 C.M.R. 32.06(2)(c). Pursuant to the Public Records Law, a records access officer's (RAO) written response must be provided within ten business days, and must also comply with the criteria listed in the statute. See G. L. c. 66, § 1O (b ). A RAO is prohibited from charging a fee for provision of public records unless the RAO responded to the requester within ten business days. See 950 C.M.R. 32.06(2)(c). In this instance, the request is dated February 6, 2019 and, to the best of my knowledge, the University's RAO provided an initial response to the requestor on February 25, 2019. The University may provide another response explaining how it has complied with the requirements of providing a timely response permitting the University to charge a fee; or, in the alternative, the University must waive the fee and provide the requestor with responsive records without further delay. Order Accordingly, the University is ordered to provide the requestor with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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, ~~ Supervisor of Records cc: Dusty Christensen