Christopher J. O'Donnell v. Westfield State University (SPR 20241626)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 13, 2024 SPR24/1626 Dr. Leslie Rice Executive Director of Communication Westfield State University 333 Western Avenue Westfield, MA 01086 Dear Dr. Rice: I have received the petition of Christopher J. O’Donnell appealing the response of Westfield 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 21, 2024, Mr. O’Donnell requested: [1.] The name, title and salary of all full-time non-unit profession (NUP) and fulltime non-unit classified (NUC) employees at Westfield State University employed on March 15, 2024. [2.] The name, rank and salary of all full-time MSCA bargaining unit employees at Salem Westfield University employed on March 15, 2024. Previous Appeal This request was the subject of a previous appeal. See SPR24/1055 Determination of the Supervisor of Records (April 22, 2024). In my April 22nd determination, I ordered the University to provide Mr. O’Donnell with a response to his request. Subsequently, the University responded on May 21, 2024. Unsatisfied with the response, Mr. O’Donnell petitioned this office and this appeal, SPR24/1626, 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, 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

Dr. Leslie Rice SPR24/1626 Page 2 June 13, 2024 § 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. 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. The University’s May 21st Response In its May 21, 2024 response, the University provided responsive records to Mr. O’Donnell. Current Appeal In his appeal, Mr. O’Donnell states, “[t]he record provided addressed item #1 in my request. I have not received Item #2 in my request.” Based on the University’s response, in conjunction with Mr. O’Donnell’s petition, it is unclear if the University possesses records responsive to Item 2 of the request. Specifically, the University must clarify whether it possesses records regarding, “[t]he name, rank and salary of all full-time MSCA bargaining unit employees at Salem Westfield University employed on March 15, 2024.” 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). The University must clarify this matter. Conclusion Accordingly, the University is ordered to provide Mr. O’Donnell with a response to his request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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.

Dr. Leslie Rice SPR24/1626 Page 3 June 13, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Christopher J. O’Donnell