Matthew Rocheleau v. Westfield State University (SPR 20210956)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 28, 2021 SPR21/0956 Tricia Oliver Chief of Staff Office of the President Westfield State University 333 Western Avenue Westfield, MA 01086 Dear Ms. Oliver: I have received the petition of Matthew Rocheleau of The Boston Globe appealing the response of Westfield State University (University) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 11, 2021, Mr. Rocheleau requested “[a]ny/all disclosures of immediate family working in Massachusetts state government that were made by individuals who applied for employment with the Westfield State University between Jan. 1, 2015 and present.” The University responded to Mr. Rocheleau’s request on January 26, 2021. Unsatisfied with the University’s response, Mr. Rocheleau petitioned this office and this appeal, SPR21/0956, 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. 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

Tricia Oliver SPR21/0956 Page 2 April 28, 2021 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. The University’s January 26th response In its January 26, 2021 response, the University stated to Mr. Rocheleau that it provided him “the responsive records from Westfield State University to [his] Public Records Request.” Mr. Rocheleau followed up with the University about providing records of “applicants who were hired to adjunct professor positions.” In Mr. Rocheleau’s appeal to this office he claims he “specifically requested records for adjunct professors but the university has not provided those records.” In light of the above, it is unclear if the University possesses or is withholding any responsive records to the request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Consequently, the University must clarify whether it possesses additional records that may be responsive to Mr. Rocheleau’s request. Conclusion Accordingly, the University is ordered to provide Mr. Rocheleau with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Matthew Rocheleau