Amy Dicken v. Worcester State University (SPR 20241294)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 10, 2024 SPR24/1294 Nancy Ramsdell Records Access Officer Worcester State University 486 Chandler Street Worcester, MA 01602 Dear Ms. Ramsdell: I have received the petition of Amy Dicken appealing the response of Worcester State University (University) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 14, 2024, Ms. Dicken requested “[v]ideo/audio recording of all police interaction with [an identified individual], DOB . . ., on Wednesday, 2/28/2024 & Thursday, 2/29/2024 (at WSU police station on 2/29 & in the WSU parking lot on 2/29).” The University responded on March 22, 2024. Unsatisfied with the University’s response, Ms. Dicken appealed, and this appeal, SPR24/1294, 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 agency or municipality 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. Att’y 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

Nancy Ramsdell SPR24/1294 Page 2 May 10, 2024 The University’s March 22nd Response In its March 22, 2024 response, the University states that, “after researching this request, the audio and video was not saved and does not exist.” Records Management The University’s response raises questions regarding the records management of the University. Where the records may have existed at some point in time, if the University maintains that the responsive records no longer exist, it must explain whether it complied with the Public Records Law and the Statewide Agency Records Retention Schedule (Schedule) in destroying the records. See G. L. c. 66, § 10(a)(i). Please be aware, safeguards must be instituted by the University to ensure that all records are retained in accordance with both applicable law as well as the retention schedules promulgated by this office. G. L. c. 66, §§ 8, 13, 15. For further guidance in records management and retention, the Office may contact the Records Management Unit (RMU) at 617-727-2816. The RMU operates under the authority of the Supervisor of Records, assisting state and local government entities in creating, managing, securing, and preserving records needed to conduct business and protect the rights and obligations of citizens and government. Conclusion Accordingly, the University is ordered to provide Ms. Dicken 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Amy Dicken