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John Harnois v. University of Massachusetts - Amherst (SPR 20192405)

Massachusetts Public Records Appeal · Public records appeal decision · Filed 12-02-2019

ClosedAppealDecision

SPR 20192405 is a Massachusetts Public Records Law appeal filed by John Harnois concerning records held by University of Massachusetts - Amherst, opened 12-02-2019. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.

Case Details

Case Number
20192405
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
John Harnois
Custodian
University of Massachusetts - Amherst
Date Opened
12-02-2019
Date Closed
12-16-2019
Petitions Regarding Fees
No
Went to Court
No

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

December 16, 2019 SPR19/2405

Christine M. Wilda

Associate Chancellor for Complicance University of Massachusetts —- Amherst 390 Whitmore Administration Building 181 President’s Drive

Amherst, MA 01003

Dear Ms. Wilda:

I have received the petition of John Harnois appealing the nonresponse of the University of Massachusetts Amherst (University) to a request for. public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32,08(1). Specifically, on October 29, 2019 Mr. Harnois requested records related to the “legal expenses and overall legal costs representing UMASS related to defending suits from students and employees related to Title IX and discrimination from 2012 to date of production.” Claiming to not yet have received responsive records, Mr. Harnois petitioned this office and this appeal was opened as a result.

In a December 11, 2019 communication to this office, the University indicated that Mr. Harnois filed a complaint in the United States District Court for the District of Massachusetts on or about April 15, 2019. See John Harnois .v. University of Massachusetts, Case No. 1:19-cv- 10705. Further, the University expressed its intent to produce “all responsive, non-privileged, or otherwise not protected documents to Mr. Harnois in accord with the Order (Docket 68) of the United States District Court for the District of Massachusetts in the case Mr. Harnois has filed against the University of Massachusetts Dartmouth and its employees...”

From the University’s response, it is unclear whether the University is intending to provide Mr. Harnois with records responsive to his October 29" request. The University must clarify this matter.

The University is to provide Mr. Harnois with a response to his request in accordance with the Public Records Law and its Regulations within 10 business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. The requestor may appeal the substantive nature of the University’s response within ninety (90) days. See 950 C.MLR. 52.08(1),

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

Ms. Christine Wilda SPR19/2405 Page 2 December 16, 2019

Sincer Ualpsca

Laljecca S. Murray "

Supervisor of Records

cc: Mr, John Harnois Denise Barton, Esq.