Jonathan Gerhardson v. University of Massachusetts - Amherst (SPR 20241723)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 24, 2024 SPR24/1723 Christine M. Wilda Associate Chancellor for Compliance University of Massachusetts Amherst 340 Whitmore Building Amherst, MA 01003 Dear Ms. Wilda: I have received the petition of Jonathan Gerhardson appealing the response of the University of Massachusetts, Amherst (University) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 12, 2024, Mr. Gerhardson requested “[a] full copy of every public records request sent to the University of Massachusetts Amherst between March 12, 2024 and May 12, 2024.” Additionally, he specified the following: By full copy I mean I expect these records will contain: [1.] the original request, [2.] all communications between the requestor and UMass, [3.] internal, inter-departmental, and inter-agency communications relating to the request, [4.] all responsive documents provided, and in cases where documents were withheld, a list of the withheld documents, the exemption cited, and an explanation for why this exemption applies, to the extent required under the public records law, [5.] any appeals filed, all correspondences etc as described above regarding the appeal, and the outcome of the appeal including any records released then. Previous Appeal This request was the subject of a previous appeal. See SPR24/1614 Determination of the Supervisor of Records (June 7, 2024). In my June 7th determination, I closed SPR24/1614 in light of the University providing a response on May 30, 2024. Unsatisfied with the University’s response, Mr. Gerhardson appealed, and this case 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 SPR24/1723 Page 2 June 24, 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(b)(iv); 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). 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. Current Appeal In his appeal petition, Mr. Gerhardson contends that “their response to [his] request was incomplete.” The University’s May 30th Response In its May 30, 2024 response, the University provides a responsive spreadsheet, and states the following: Public records requests are handled by many different people depending on the department involved. Understanding that your request included all correspondence, we respectfully ask that you identify the specific requests that you would like further records on. In its response, the University is seeking clarification regarding the scope of Mr. Gerhardson’s request. Please be advised that it is valid for the custodian of records to suggest a “reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably.” See G. L. c. 66, § 10(b)(vii). Given the expansiveness of his request, Mr. Gerhardson is encouraged to provide the University with the needed clarification regarding the records referenced in the University’s response. G. L. c. 66, § 10(a)(i) (the request must reasonably describe the public records sought). Based on the foregoing, it is unclear what the basis of Mr. Gerhardson’s appeal is. Mr.

Christine M. Wilda SPR24/1723 Page 3 June 24, 2024 Gerhardson is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). Conclusion Accordingly, I will consider this administrative appeal closed. If Mr. Gerhardson is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Jonathan Gerhardson