Colman Herman v. University of Massachusetts Building Authority (SPR 20232943)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 20, 2023 SPR23/2943 David P. Mullen, Esq. Deputy Director/General Counsel Director of Capital Projects University of Massachusetts Building Authority UMass Amherst, Mt. Ida Campus 100 Carlson Avenue Newton, MA 02459 Dear Attorney Mullen: I have received the petition of Colman Herman appealing the response of the University of Massachusetts Building Authority (UMBA) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 30, 2023, Mr. Herman requested “[c]ommunications related to UMass Dartmouth recently vacating a downtown New Bedford building that once was a department store.” Prior Appeals The requested records were the subject of prior appeals. See SPR23/2226 Determination of the Supervisor of Records (September 25, 2022), SPR23/2478 Determination of the Supervisor of Records (November 2, 2023), and SPR23/2666 Determination of the Supervisor of Records (November 20, 2023). In my November 20th determination, it was my understanding that UMBA intends on providing a further response to Mr. Herman. UMBA responded on December 5, 2023. Unsatisfied with the response, Mr. Herman petitioned this office and this appeal, SPR23/2943, was opened as a result. It is my understanding that UMBA intends on providing a further response to Mr. Herman. Accordingly, UMBA is ordered to provide Mr. Herman with said response in a manner consistent with the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Herman may appeal the substantive nature of UMBA’s response within ninety days. See 950 C.M.R. 32.08(1). 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

David P. Mullen, Esq. SPR23/2943 Page 2 December 20, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Colman Herman