Lonna Steinberg v. University of Massachusetts - Amherst (SPR 20241456)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 28, 2024 SPR24/1456 Christine M. Wilda Records Access Officer University of Massachusetts – Amherst 341 Whitmore Administration Building 181 President’s Drive Amherst, MA 01003 Dear Ms. Wilda: I have received the petition of Lonna Steinberg appealing the response of the University of Massachusetts, Amherst (UMass) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 16, 2023, Ms. Steinberg requested the following: Any emails, letters, text messages, documents, or communications of any kind, including but not limited to personal email accounts and text messages, which are explicitly covered by the Public Records Law per the Mayor Bill Carpenter ruling (attached below), to, from or signed by any of the following individuals, employees at UMass, from October 7th until the present: 1. . . . Professor of Sociology and Labor Studies, UMass Amherst 2. . . . UMass instructor Prior Appeals This request was the subject of prior appeals. See SPR24/0019 Determination of the Supervisor of Records (January 18, 2024) and SPR24/0319 Determination of the Supervisor of Records (February 14, 2024). In my February 14th determination, I found that UMass did not meet its burden to redact records under Exemption (a), and that UMass had not met its burden to withhold records under Exemption (c) of the Public Records Law. UMass provided a response on March 7, 2024. Unsatisfied with the response, Ms. Steinberg petitioned this office and this appeal, SPR24/1456, 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 M. Wilda SPR24/1456 Page 2 May 28, 2024 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(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). 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’ March 7th Response In its March 7, 2024 response, UMass provided records. Current appeal In her appeal, Ms. Steinberg states the following On Mar 7 I received emails that I requested. However, many of these emails do not even contain the search terms that I asked for. I believe the search terms must appear in many of the attachments to these emails, which I have not received. I am requesting to be provided with all of the attachments to the emails that were sent. Any attachment from [a named individual’s] emails should be sent as well. … My appeal is as follows: UMass must provide [1.] All attachments that are responsive to my request for [named individuals] [2.] All responsive emails, texts and other communications from any private accounts from [named individuals.]

Christine M. Wilda SPR24/1456 Page 3 May 28, 2024 Possession, Custody, or Control The Town is advised that 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). Further, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on Ms. Steinberg’s appeal, it is unclear whether UMass possesses additional records responsive to Ms. Steinberg’s request. UMass must clarify this. Conclusion Accordingly, UMass is ordered to provide Ms. Steinberg with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. A copy of the 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. Ms. Steinberg may appeal the substantive nature of UMass’ response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Lonna Steinberg