Jacob Gorham v. University of Massachusetts - Amherst (SPR 20241825)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 5, 2024 SPR24/1825 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 Jacob Gorham 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 April 19, 2024, Mr. Gorham requested: [T]he following information from the Parking Services office, from Officer pco980, and from the University of Massachusetts at Amherst Police Department. 1. All copies of any data that Parking Services maintains relating to [a specified individual] . . . or from Officer pco980, or from the University of Massachusetts Police Department, including relating to a warning citation incident occurring on April 16, 2024 at 15:16. This should include copies of [a specified] citation (#24203700624) and warning record on campus as far back as possible, the full name of the officer issuing the citation, and any evidence that the police department and parking services maintains on [a specified individual], including any evidence that a proper authorization to park was not granted to [him] at the time of the incident in question. Previous Appeal This request was the subject of a previous appeal. See SPR24/1554 Determination of the Supervisor of Records (June 5, 2024). In my June 5th determination, I ordered the University to clarify its claims under Exemption (c). Subsequently, the University responded on June 20, 2024. Unsatisfied with the University’s response, Mr. Gorham petitioned this office, and this appeal, SPR24/1825, 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 SPR24/1825 Page 2 July 5, 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. Gorham contends that he is “seeking the full name of the officer issuing the citation. Presumably this information is recorded on some medium, somewhere at the University.” Additionally, he explains the following: I am willing to amend my original request to seek the current list of all employees at Parking Services, their position and internal department, their current step, grade, and salary, their citation issuing identifier, and the number and type of citations issued by each. The June 20th Response In its June 20, 2024 response, the University states “that the University has produced all responsive records - with no redactions - in response to the requester’s public records request. The requester’s appeal seeks an answer to a question, not a record.” The University further confirms that “that all responsive records already have been provided.” No Duty to Answer Questions or Create Records Please note 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977).

Christine M. Wilda SPR24/1825 Page 3 July 5, 2024 Conclusion Where the University confirmed that it does not possess additional records responsive to Mr. Gorham’s request, I will now consider this administrative appeal closed. If Mr. Gorham wishes to submit an additional public records request to the University as discussed in his appeal petition, he may do so. Sincerely, Manza Arthur Supervisor of Records cc: Jacob Gorham