Colman Herman v. University of Massachusetts - Boston (SPR 20243182)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 10, 2024 SPR24/3182 DeWayne Lehman Director of Communications University of Massachusetts – Boston 100 Morrissey Boulevard Boston, MA 02125 Dear Mr. Lehman: I have received the petition of Colman Herman 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 4, 2024, Mr. Herman requested, “copies of any and all communications with the ‘philanthropic sources’ you cite…” regarding a response to a separate records request. Prior Appeals and In Camera Review This request was the subject of prior appeals and a subsequent in camera review. See SPR24/1834 Determination of the Supervisor of Records (July 9, 2024), SPR24/1977 Determination of the Supervisor of Records (July 24, 2024), SPR24/2252 Determination of the Supervisor of Records (August 22, 2024), and SPR24/2588 Determination of the Supervisor of Records (September 30, 2024 and October 30, 2024). In my October 30th determination, I found that it was unclear whether the subject matter of the responsive records was required to be kept secret by the University and its employees involved in its use. Further, I found that it was also uncertain whether the philanthropic sources, as described in Mr. Herman’s request, were also pledged to secrecy as to the subject matter of the responsive records and whether any contract existed. In addition, it was not clear how the matters discussed in the communications are not matters of public or general knowledge. The University responded on November 22, 2024. Unsatisfied with the response, Mr. Herman petitioned this office and this appeal, SPR24/3182, was opened as a result. It is my understanding that the University intends on providing a further response to Mr. Herman. Accordingly, the University is ordered to provide Mr. Herman with said response in a manner consistent with the Public Records Law and its Regulations within 10 business days. A 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

DeWayne Lehman SPR24/3182 Page 2 December 10, 2024 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. Mr. Herman 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: Colman Herman