Dusty Christensen v. University of Massachusetts - Amherst (SPR 20201111)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 21, 2020 SPR20/1111 Christine M. Wilda Associate Chancellor for Compliance University of Massachusetts – Amherst 390 Whitmore Administration Building 181 President’s Drive Amherst, MA 01003 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, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Christensen requested “any forms disclosing potential academic conflicts of interest—such as a disclosure of financial interest form—filed by UMass Amherst employees from the beginning of 2018 to present.” Previous Appeals This request has been the subject of previous appeals. See SPR20/0334 Determination of the Supervisor of Records (May 12, 2020); SPR19/2515 Determination of the Supervisor of Records (January 6, 2020). In my May 12th determination, after in camera review of a sample of responsive records, I found that the University had not met its burden to withhold the records, in their entirety, and ordered the University to provide a new response to Mr. Christensen. Current Appeal In his appeal petition, Mr. Christensen states that the University provided a response on June 11, 2020, including two responsive records. Mr. Christensen explains that in earlier correspondence, it appeared that he and the University had agreed that the scope of this request is coextensive with an earlier request filed by ProPublica, to which the University identified approximately 600 responsive records. In a June 26, 2020 email to Mr. Christensen, the University states that “[a]fter review, the 600 documents mentioned in the prior correspondence were non-responsive to the request.” 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 SPR20/1111 Page 2 July 21, 2020 Based on Mr. Christensen’s petition, it is unclear whether the University possesses additional responsive records, and why previously-identified records have not been produced. It is additionally unclear whether the records produced to Mr. Christensen are consistent with the representative sample produced for in camera inspection by this office. Therefore, I find that the University has not met its burden in responding to this request. The University must provide additional explanation regarding these matters. Conclusion Accordingly, the University is ordered to provide Mr. Christensen with a response 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, Rebecca S. Murray Supervisor of Records cc: Dusty Christensen