Gabriel Schmitt v. University of Massachusetts - Amherst (SPR 20201921)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 22, 2020 SPR20/1921 Christine M. Wilda Assistant Chancellor for Compliance University of Massachusetts at Amherst 340 Whitmore Building Amherst, MA 01003 Dear Ms. Wilda: I have received the petition of Gabriel Schmitt appealing the response of the University of Massachusetts at Amherst (UMass Amherst) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Schmitt requested copies of the following records: 1. The minutes of the final administrative meeting including Jim Sheehan as Vice Chancellor of Finance; 2. Any emails sent or received by Jim Sheehan and Andy Mangels regarding the student health advisory committee or student health advisory council (may be referred to as the student health advisory board); 3. All email communications by Chancellor Kumble Subaswammy regarding the old [chapel renovation] between his start at UMass Amherst and 2015; 4. All email communications by VC Andy Mangels, Jim Sheehan and Chancellor Kumble Subaswammy regarding Health Services facility planning between 2012 and 2019; 5. All email communications between Chancellor Subaswammy and the [P]resident of the UMass system regarding press and publicized information regarding the purchase [of] Mt. Ida (2017-2019); 6. All emails between Lydia Washington and the VC Enku Gelaye in the [S]pring semester of 2015 regarding election referenda; 7. All materials presented to the Student Health Advisory Committee regarding the 2013 UHS mission review; 8. All emails sent by Chancellor Subaswammy or Jim Sheehan which mention the debt limit, the debt ceiling, or any other limiting factor pertaining to debt issues; and 9. The records of all hours of labor performed for each Public Record [r]equest filed by Gabriel Schmitt in the year of 2019 including the employee name and whether or not searches or redactions were being performed during said labor. 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 SPR20/1921 Page 2 October 22, 2020 In an October 6, 2020 response, you informed Mr. Schmitt that the University previously responded to his Requests Numbered 1-8. In response to Request Number 9, the University provided a spreadsheet. The University did not assess any fees for the requests referenced in this determination. This office has becoming aware that the records of this request, and 34 separate requests made in 2019, are the subject of active litigation. In Mr. Schmitt’s August 28, 2020 email to this office, he states, “I would like to appeal many aspects of the responses by [Ms. Wilda]. I have also filed a civil action in Suffolk Superior Court for the same reasons…” This office verified that Mr. Schmitt is actively litigating two cases against the University. See Schmitt, Gabriel vs. Christine Wilda in her Professional capacity as Associate Chancellor for Compliance at the University of Massachusetts Amherst, et. al., Docket No. 1984-CV-02857 (Suffolk Superior Court); see also Schmitt, Gabriel vs. Dr. George Corey in his official capacity - - - - - - - as Director of the University Health Services at University of Massachusetts, Amherst, Docket No. 2084-CV-00215. Whereas the public records in question are the subject of disputes in active litigation, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b) (the Supervisor may deny an appeal if, in the opinion of the Supervisor, "the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation"). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Gabriel Schmitt (via email)