Colman Herman v. University of Massachusetts - Boston (SPR 20202082)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 2, 2020 SPR20/2082 DeWayne Lehman University of Massachusetts – Boston Office of Communications Boston, MA 02125 Dear Mr. Lehman: I have received the petition of Colman Herman appealing the nonresponse of the University of Massachusetts – Boston (University) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Herman requested records regarding a 100- space parking lot that is commonly used by the Edward M. Kennedy Institute for the U.S. Senate. Having received no response, he petitioned this office. 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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

DeWayne Lehman SPR20/2082 Page 2 November 2, 2020 Order Subsequent to the request for an appeal, I learned that the University responded to Mr. Herman’s request with a response sent on October 27, 2020. Whereas the basis of this appeal was opened as a result of the Department’s lack of a written response, I will now consider this administrative appeal closed. Mr. Herman petitioned this office appealing the substantive nature of the Department’s response. See 950 C.M.R. 32.08(1). The substantive nature of the response will be reviewed in SPR20/2132. Accordingly, I will consider this appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Colman Herman