Ryan Lundgren v. University of Massachusetts - Boston (SPR 20253650)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 19, 2025 SPR25/3650 Matthew Fenlon Records Access Officer University of Massachusetts, Boston 100 Morrissey Boulevard Boston, MA 02125 Dear Mr. Fenlon: I have received the petition of Ryan Lundgren 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 November 6, 2025, Mr. Lundgren requested: [1] Any and all budgets and financial statements from the former Division of Corporate, Continuing, and Distance Education for the last 4 fiscal years it was in operation[;] [2] Any budgets and financial statements specifically for the operation of the former Bachelor of Arts in Community Studies degree completion program[;] [3] Any written communications to or from university administrators or ranking faculty (deans, department chairs, etc.) with faculty, staff and/or any part of the state government, regarding the closure of the former Division of Corporate, Continuing, and Distance Education[;] [4] Any documents detailing the number of enrolled students in the Bachelor of Arts in Community Studies degree completion program in the former Division of Corporate, Continuing, and Distance Education, during any time of the program’s operation[;] [5] Any organizational charts, phone lists, email lists, or faculty & staff directories published for the former Division of Corporate, Continuing, and Distance Education. 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 SPR25/3650 Page 2 December 19, 2025 Previous Appeal This request was the subject of a previous appeal. See SPR25/3548 Determination of the Supervisor of Records (December 11, 2025). In my December 11th determination, I closed SPR25/3548 in light of UMass providing a written response to Mr. Lundgren on December 8, 2025. Unsatisfied with UMass’ response, Mr. Lundgren petitioned this office, and this appeal, SPR25/3650, was opened as a result. While this appeal was pending, UMass provided additional information in an email to this office on November 18, 2025. 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. UMass’ December 8th Response In its December 8, 2025 response, a representative for UMass stated, “a search has been performed and there are no records responsive to this request.” Current Appeal In his December 8, 2025 appeal petition, Mr. Lundgren states, “I believe there are obviously records available that the university is withholding.” No Duty to Create Records 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). Additionally, under the Public Records Law, custodians are expected to use

Matthew Fenlon SPR25/3650 Page 3 December 19, 2025 their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). In an email to this office on December 19, 2025, a representative of UMass confirmed it had no records responsive to Mr. Lundgren’s request and further noted, “[a] search was performed by Academic Affairs, Human Resources and Administration & Finance. No records were found.” Conclusion Where UMass confirmed that it does not possess records responsive to Mr. Lundgren’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Lundgren is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Ryan Lundgren