Zoe MacDiarmid v. University of Massachusetts - Boston (SPR 20253487)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 10, 2025 SPR25/3487 Matthew Fenlon Records Access Officer University of Massachusetts, Boston 100 Morrissey Boulevard Boston, MA 02125 Dear Mr. Fenlon: I have received the petition of Zoe MacDiarmid appealing the response of the University of Massachusetts, Boston (UMass) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 8, 2025, Ms. MacDiarmid requested, “... copies of all internal investigations involving [an identified] Officer.” On November 24, 2025, UMass provided a response. Unsatisfied with the response, Ms. MacDiarmid petitioned this office and this appeal, SPR25/3487, 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 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 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 R. Felon SPR25/3488 Page 2 December 10, 2025 custodian must provide the responsive records. Current Appeal In her appeal, Ms. MacDiarmid states, “[w]e believe the information is public because your office previously ruled that internal affairs investigations are subject to disclosure.” UMass’ November 24th response In its November 24, 2025 response, UMass cites Exemption (u) of the Public Records Law to withhold the requested records. Exemption (u) Exemption (u) applies to: trade secrets or other proprietary information of the University of Massachusetts, including trade secrets or proprietary information provided to the University by research sponsors or private concerns. G. L. c. 4, § 7(26)(u). In its response, UMass states, “[p]ursuant to G. L. c. 4, § 7 (26)(u) no records shall be produced.” Based on UMass’ response, it is unclear how the responsive records can be withheld under Exemption (u). Particularly, it is not certain how internal investigations are proprietary information or trade secrets pursuant to Exemption (u). It is additionally uncertain how the records can be withheld in their entirety. It should be noted that any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). See Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). UMass must clarify these matters. Conclusion Accordingly, UMass is ordered to provide Ms. MacDiarmid with a response to her request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. MacDiarmid may appeal the substantive nature of UMass’ response within 90 days. See 950 C.M.R. 32.08(1).

Matthew R. Felon SPR25/3488 Page 3 December 10, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Zoe MacDiarmid