Colman Herman v. University of Massachusetts Building Authority (SPR 20202541)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 6, 2021 SPR20/2541 David P. Mullen, Esq. University of Massachusetts Building Authority One Beacon Street, 31st Floor Boston, MA 02108 Dear Attorney Mullen: I have received the petition of Colman M. Herman appealing the response of the University of Massachusetts Building Authority (Authority) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on December 4, 2020, Mr. Herman requested “hard copies and electronic copies of any and all current consulting agreements executed by the University of Massachusetts Building Authority.” 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, § l0A(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); -se-e -al-so- -D-is-t. -A-tto-rn-e-y -fo-r -th-e 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. Conclusion In an email dated January 3, 2021, Mr. Herman states, “I wish to withdraw the below appeal.” In light of Mr. Herman’s January 3rd letter, I will now consider this administrative appeal closed. 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

SPR20/2541 David P. Mullen, Esq. Page 2 January 6, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Colman M. Herman