Colman Herman v. Massachusetts Technology Transfer Center (SPR 20202566)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 6, 2020 SPR20/2566 Dr. Abigail A Barrow, Ph.D. Massachusetts Technology Transfer Center One Beacon Street, 31st Floor Boston, MA 02108 Dear Dr. Barrow: I have received the petition of Colman Herman appealing the nonresponse of the Massachusetts Technology Transfer Center (Center) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Herman requested consulting agreements executed by the Center. Claiming to not yet have received a response, Mr. Herman petitioned this office and this appeal was opened as a result. 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. Conclusion Despite being notified of the opening of this appeal and communication from a staff member of the Public Records Division, it remains unclear whether the Center has provided a response. As such, the Center is ordered to provide Mr. Herman with a written response. Said response shall be made in accordance with the Public Records Law, its Access Regulations and 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

Dr. Abigail A. Barrow, Ph.D. SPR20/2566 Page 2 January 6, 2021 this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Herman may appeal the substantive nature of the Center’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Colman Herman