Dusty Christensen v. University of Massachusetts - Amherst (SPR 20202464)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 29, 2020 SPR20/2464 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 SPR20/1359 Determination of the Supervisor of Records (August 26, 2020); SPR20/1111 Determination of the Supervisor of Records (July 21, 2020); SPR20/0334 (May 12, 2020); SPR19/2515 Supervisor of Records Determination (January 6, 2020); SPR20/0334 Supervisor of Records Determination (March 6, 2020). In my May 12th determination, after in camera review 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. In my August 26th determination, I found it was unclear why the University continues to withhold the requested records. The University provided additional responsive records, in redacted form, on October 20, 2020. Unsatisfied with this response, Mr. Christensen petitioned this office and this appeal, SPR20/2464, was opened as a result. Current Appeal In his December 11th appeal petition, Mr. Christensen indicates that the University provided redacted records on October 20, 2020. Mr. Christensen additionally states that “the 14 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 SPR20/2464 Page 2 December 29, 2020 records the university has sent me are only a small fraction of the total records responsive to my request.” In its October 20th email producing records, the University explains that “The identity of the Entity benefiting from Outside Activity has been redacted pursuant to Exemption (c) because the outside activity in question does not have any nexus with the applicable faculty member’s research. In addition, the University maintains that this information is also exempt pursuant to Exemptions (a) and (b).” Based on the University’s response, it is unclear why it continues to redact the responsive records. As noted above, in my May 12th determination, upon in camera review I found that the University had not met its burden under Exemptions (a), (b), (c), and (u) to withhold the records. It is further unclear why the University has not produced additional records. In its July 31, 2020 response, the University states that it has previously identified approximately 600 pages of records relating to financial disclosures. Despite the University’s statement that such records are not responsive to the request, the requestor has indicated that these records, previously reviewed and segregated pursuant to an unrelated request, are what he seeks. Where the University has not met its burden to show that these records are exempt from disclosure, such records must be produced. Conclusion Accordingly, the University is ordered to review the records, redact where necessary, and provide Mr. Christensen with the remaining records, in a manner consistent with this and prior orders, the Public Records Law, and its Regulations without delay. 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. Please be advised that failure to comply with this order may result in referral of this matter to the Office of the Attorney General. See G. L. c. 66, § 10A(b). Sincerely, Rebecca S. Murray Supervisor of Records cc: Dusty Christensen