Laura H. Ortiz v. University of Massachusetts Boston (SPR 20242106)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 7, 2024 SPR24/2106 Matthew Fenlon Office of Communications University of Massachusetts – Boston 100 Morrissey Boulevard Boston, MA 02125 Dear Mr. Fenlon: I have received the petition of Laura Ortiz appealing the response of the University of Massachusetts, Boston (University) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 6, 2024, Ms. Ortiz requested: [1] All responsive records to SPR24/1079 made by [an identified individual]… “…copies of any and all presentations and/or other materials prepared and/or used by the Massachusetts Teachers Association (MTA), [identified individuals] of [the University] for the MTA’s webinar on March 21, called ‘Anti-Racism Task Force Webinar: Context and Connection: Palestinian Struggle Against Anti- Palestinian Racism’.” [2] If not already provided as a responsive record for [Item 1], a copy of all slides utilized during your [University] professors talk on March 21, 2024 for the [MTA] regarding the Israel/Palestine conflict and “Anti-Racism Task Force Webinar: Context and Connection: Palestinian Struggle Against Anti-Palestinian Racism.” On June 6, 2024, the University responded and provided Ms. Ortiz with the responsive records that were previously disclosed to the other requestor she identified. These records included the University’s written response to the prior identified appeal, as well as two “Mentimeter Results” files. After reviewing these materials, on June 10, 2024, Ms. Ortiz clarified her request, stating: … we believe that a few additional records are still missing, especially… the “slides” for the actual webinar that [the University] held for the MTA. The “Mentimeter Results…” appear to be questions asked of the attendees and not any 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

Matthew Fenlon SPR24/2106 Page 2 August 7, 2024 of the webinar itself. Further the webinar attendee list is missing also…. [Please provide:] [1] The missing copy of the responsive letter to our public records request, that was mentioned regarding the [MTA], where you referenced it in [an identified requestor’s public records request response letter dated April 11, 2024]…. [2] The missing copy of the March 21st webinar attendee list mentioned again in the [University]’s April 11 [public records request] response letter … [3] Regarding [Item 2 of the original request] … we referred to [the records] as “slides” because that’s usually what most records access officers would produce regarding a webinar, so in the event we were not clear then please provide a copy of the entire webinar including any “slides” in whatever electronic format it exists in…. Previous appeals This request was the subject of previous appeals. See SPR24/1817 Determination of the Supervisor of Records (July 5, 2024) and SPR24/1952 Determination of the Supervisor of Records (July 23, 2024). In my July 23rd determination, I found that the University’s July 5th response, with respect to the attendee list, did not contain the specificity required in a denial of access to public records. The University redacted the attendee list without claiming any exemption(s) in the Public Records Law that would support the redacted requested records. The University provided a response on July 23, 2024. Unsatisfied with the University’s response, Ms. Ortiz petitioned this office and this appeal, SPR24/2106, was opened as a result. It is my understanding that the University intends on providing a further response to Ms. Ortiz. Accordingly, the University is ordered to provide Ms. Ortiz with said response in a manner consistent with the Public Records Law and its Regulations within 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. Ms. Ortiz may appeal the substantive nature of the University’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Laura Ortiz