Maysoun Batley v. University of Massachusetts - Amherst (SPR 20242238)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 21, 2024 SPR24/2238 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 Maysoun Batley 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 June 25, 2024, Ms. Batley requested “incident report number 24-296-AR. Date of alleged offense is 05/07/2024.” Previous Appeal This request was the subject of a previous appeal. See SPR24/1896 Determination of the Supervisor of Records (July 17, 2024). In my July 17th determination, I found that the University had not met its burden of specificity to withhold responsive records. Subsequently, the University responded on July 20, 2024. Unsatisfied with the University’s response, Ms. Batley petitioned this office, and this appeal, SPR24/2238, 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, § 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 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 SPR24/2238 Page 2 August 21, 2024 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 July 30th Response In its July 30, 2024 response, the University indicates that it is withholding one responsive incident report pursuant to Exemption (f) of the Public Records Law, and states the following: Using this report, the [University] has submitted an application for complaint with the Eastern Hampshire District. The docket number assigned to this court case is 2498AC001246. The University also notes “that the show cause hearing has not yet taken place.” Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office has reviewed the Application for Criminal Complaint, and verified that the criminal litigation, relating to the record that is the subject of Ms. Batley’s request, is active and ongoing in the Massachusetts District Court. See University of Massachusetts Police Department Amherst v. Maysoun F. Batley (Eastern Hampshire District Court Docket No. 2498-AC-001246 (July 5, 2024)). In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b).

Christine M. Wilda SPR24/2238 Page 3 August 21, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Maysoun Batley