Eoin Higgins v. University of Massachusetts - Amherst (SPR 20212496)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 13, 2021 SPR21/2496 Christine M. Wilda Associate Chancellor for Compliance University of Massachusetts, Amherst 340 Whitmore Building 181 President’s Drive Amherst, MA 01003 Dear Ms. Wilda: I have received the petition of Eoin Higgins appealing the response of the University of Massachusetts Amherst (UMass) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 23, 2020, Mr. Higgins requested: [A]ll emails and attachments from July 22, 2019 to September 8, 2020 from [2 named individuals] having to do with the CD-1 race, [named individuals] and the local, state, college, and national Democratic Party in their capacities as members of the UMass College Democrats and within UMass student government. This includes, but is not limited to, any and all emails and attachments from the personal college emails of [the named individuals and specified email addresses] pertaining to, from, or addressed to [13 identified custodians]. Previous appeals This request was the subject of previous appeals. See SPR20/2432 Determination of the Supervisor of Records (December 22, 2020); SPR21/0047 Determination of the Supervisor of Records (January 22, 2021); SPR21/0298 Determination of the Supervisor of Records (February 22, 2021); SPR21/0566 Determination of the Supervisor of Records (March 23, 2021); SPR21/0899 Determination of the Supervisor of Records (April 22, 2021); SPR21/1331 Determination of the Supervisor of Records (June 10, 2021); SPR21/1636 Determination of the Supervisor of Records (July 19, 2021); and SPR21/2770 Determination of the Supervisor of Records (September 20, 2021). In my September 20th determination, I ordered UMass to provide a response to Mr. Higgins. Subsequently, UMass provided a response on September 28, 2021. Unsatisfied with UMass’ response, Mr. Higgins petitioned this office and this appeal, SPR21/2496, was opened as a result. 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 Wilda SPR21/2496 Page 2 October 13, 2021 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. UMass’ September 28th response In its September 28, 2021 response, UMass asserts “[i]n order to be a member of student government, you must be a student. Therefore, being a student is a condition of being a member. Furthermore, they are not employees nor officers of the Commonwealth. They are student officers appointed through a vote of the student body. They act as advocates and liaisons for the interest of the student body.” Where these emails were created by “student officers appointed through a vote of the student body[,]” it remains unclear how these records fall outside the Public Records Law. Further, UMass has not demonstrated that these records are wholly student records, nor how segregable portions cannot be provided. See Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Any non-exempt, segregable portion of the responsive records must be provided. G. L. c. 66, § 10(a). UMass must clarify these issues. Order Accordingly, UMass is ordered to review the records, redact where necessary and provide Mr. Higgins with responsive records 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.

Christine Wilda SPR21/2496 Page 3 October 13, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Eoin Higgins