Colman Herman v. University of Massachusetts - President's Office (SPR 20220362)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 18, 2022 SPR22/0362 Sean T. Regan, Esq. Director of University Relations and Public Records University of Massachusetts - Office of the President One Beacon Street, 31st Floor Boston, MA 02108 Dear Director Regan: I have received your petition on behalf of the University of Massachusetts President’s Office (University) seeking relief from its obligation to produce responsive records. G. L. c. 66, § 10(c). As required by law, the University furnished a copy of this petition to the requestor. G. L. c. 66, § 10(c). On January 14, 2022, Mr. Herman requested certain communication relating to a sponsored advertisement. Prior Appeal The requested records were the subject of a prior determination. See SPR22/0237 Determination of the Supervisor of Records (February 15, 2022). In my February 15, 2022 determination, I ordered the University to provide Mr. Herman with a response to his request, provided in a manner consistent with this order, the Public Records Law and its Access Regulations within ten (10) business days. Petitions for an extension of time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; 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

Director Sean Regan SPR22/0362 Page 2 February 18, 2022 (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. - The filing of a petition does not affect the requirement that a Records Access Officer (RAO) shall provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its February 11, 2022 petition, the University states, “…we respectfully request the Supervisor deny this appeal because, among other reasons, the request is designed and intended to harass, and intimidate public employees, and it is not intended for the broad dissemination of information to the public about actual government activity. 950 CMR 32.08(2)(b)2. In the alternative, pursuant to 950 CMR 32.06(4)(d), we request a reasonable extension of time to provide the records.” The University notes, “[t]his correspondence began with a request by Mr. Herman to interview the President of the University of Massachusetts, Martin Meehan, on a matter that relates to the activities of one professor from one UMass Campus. In this request for an interview, Mr. Herman identifies himself as a media member and cites the public’s interest in the motivations of the professor for engaging in certain outside activities. This matter that Mr. Herman intended to discuss with President Meehan is not one under the President’s oversight. Therefore, Mr. Herman’s request for an interview with President Meehan was denied. The inquiry was also redirected, by Mr. Hoey, to the University of Massachusetts Amherst (Amherst), where the professor teaches. Unsatisfied with being denied an interview, Mr. Herman threatened, and ultimately submitted, a series of public record requests to both the UMass President’s Office (UMPO) and Amherst.” The University contends that “…no public interest is served by this specific public records request, now under appeal; it is merely a retributive action for denying the interview [Mr. Herman] sought; and that this request, the related requests to Amherst, their subsequent appeals, and other related communications to me (attached) and other government employees (attached) are only designed and intended to harass and intimidate public employees so that Mr. Herman

Director Sean Regan SPR22/0362 Page 3 February 18, 2022 can receive more favorable treatment than other similarly situated freelance journalists, now and in the future. Simply put, this request seeks records that are only transitory in nature, and not related to actual or alleged government activity.” Based on the information provided in the petition, I find that the University has not demonstrated the requests are designed to intimidate or harass and not intended for the broad dissemination of information to the public about actual or alleged government activity, as required by G. L. c. 66, § 10(c). Further, although the University requests “…a reasonable extension of time to provide the records,” it is unclear why this request requires additional time beyond the statutory allotment. Conclusion In light of the above, I cannot grant the University’s petition seeking relief from its obligation to produce responsive records. With respect to time, I find that in light of the lack of explanation in the University’s petition, the University has not established good cause to warrant an extension of additional time to respond to this request at this time. Sincerely, Rebecca S. Murray Supervisor of Records cc: Colman Herman