Norbert Tschakert v. Salem State University (SPR 20201397)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 31, 2020 SPR20/1397 Salem State University 352 Lafeyette Street Salem, MA, 01970 Dear Ms. Rita P. Colucci, Esq.: I have received the petition of Mr. Norbett Tschakert appealing the response of Salem State University (University) to his request(s) for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). 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, § 10A(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, § 10(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. In his petition, Mr. Tschakert states he is appealing on the basis of “concerns regarding Salem State University’s lack of compliance with the Supervisor of Record’s order SPR 2020- 954 Tschakert/Salem State University.” Additionally, he indicates that he “submitted a second records request to Salem State University on June 18th, 2020. For now two months, Salem State failed to provide any records in regards to this second request and failed to provide any form of update or work status.” However, Mr. Tschakert included a response from the University dated July 19, 2020 that appears to provide a fee estimate for the provision of records responsive to the June 18th 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

Rita P. Colucci, Esq. SPR20/1397 Page 2 August 31, 2020 Based on the foregoing, it is unclear what the basis of Mr. Tschakert’s appeal is. Specifically, it is uncertain to which portions of University’s response(s) Mr. Tschkert objects. Mr. Tschakert is reminded that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). Conclusion Accordingly, Mr. Tschakert must describe his specific objections to the University’s response(s). Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr.Norbett Tschakert