Levin, Joshua v. University of Massachusetts - Boston (SPR 20260356)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 17, 2026 SPR25/0356 DeWayne Lehman Director of Communications University of Massachusetts – Boston 100 Morrissey Boulevard Boston, MA 02125 Dear Mr. Lehman: I have received the petition of Joshua Levin, of The Mass Media, 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 April 1, 2025, Mr. Levin requested “any emails, space reservation requests, budget documents and receipts relating to the ResilientMass Summit held Thursday, March 27, 2025 on the third floor of Campus Center.” On May 5, 2025, Mr. Levin modified his request as follows: [1] Please provide any emails sent or received between Dec. 1, 2024 and April 1, 2025 containing any of the following terms [:] ResilientMass[;] Pontifical Academy[;] Environmental Summit[;] Climate Resilience[;] Planetary Call to Action for Climate Change Resilience. [2] Please search for any matching emails maintained by the university sent to or received by any of the following [16 identified] individuals: [and] [a]ny individual affiliated with the source of the philanthropic funds you referred to in your previous response. On May 19, 2025, Mr. Levin further modified his request as follows: [1] Please provide an updated estimate to produce any emails sent or received between Dec. 1, 2024 and April 1, 2025 using the search criteria at the bottom of this email. Search terms: ResilientMass[;] Pontifical Academy[;] Vatican[;] Environmental Summit[;] Climate Resilience[.] [2] Please search for any matching emails maintained by the university sent to or 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 SPR26/0356 Page 2 February 17, 2026 received by any of the following [11 identified] individuals: [and] [a]ny individual affiliated with the source of the philanthropic funds you referred to in your previous response. Prior Appeals, Reconsideration and In Camera Review The requested records were the subject of prior appeals, a subsequent reconsideration and an in camera review. See SPR25/1060 Determination of the Supervisor of Records (April 17, 2025); SPR25/1243 Determinations of the Supervisor of Records (May 19, 2025 and June 11, 2025); SPR25/2328 Determination of the Supervisor of Records (August 25, 2025) and SPR25/2678 Determinations of the Supervisor of Records (September 23, 2025 and November 6, 2025). In my November 6th determination, I found that UMass had met its burden to explain how it requires 2.5 minutes to review and/or redact each email record under the federal Family Educational Rights and Privacy Act (FERPA). 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. Current Appeal In his appeal, Mr. Levin states, “I requested payment instructions and advised UMass that The Mass Media will provide payment for the records on my behalf … On December 23, 2025, UMass received payment in the full amount of its $1,141.67 estimate (see University’s May 21 Response, attached at 24) to review and redact each record. On December 26, 2025, Mr. Lehman sent an email confirming that ‘I have been informed that the payment has been received for these public records. We will begin processing the search and request and will be in touch.’ University’s December 26 Response … UMass has provided no further response. It has neither

DeWayne Lehman SPR26/0356 Page 3 February 17, 2026 produced any responsive records nor sought an extension of time from the requestor or this office.” UMass’ December 26th response In its December 26, 2025 response, UMass stated, “I have been informed that the payment has been received for these public records. We will begin processing the search and request and will be in touch.” G. L. c. 66 §10(a)(iii) provides in pertinent part as follows: A records access officer appointed pursuant to section 6A, or a designee, shall at reasonable times and without unreasonable delay permit inspection or furnish a copy of any public record . . . or any segregable portion of a public record, not later than 10 business days following the receipt of the request, provided that . . . (i) the request reasonably describes the public record sought; (ii) the public record is within the possession, custody or control of the agency or municipality that the records access officer serves; and (iii) the records access officer receives payment of a reasonable fee as set forth in subsection (d) G. L. c. 66, § 10(a)(iii) (emphasis added). Where it appears Mr. Levin has paid the fee to receive the requested records, it is unclear why UMass has not provided the responsive 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). Custodians are expected to use 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) Conclusion Accordingly, UMass is ordered to provide Mr. Levin with a response, 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. Mr. Levin may appeal the substantive nature of UMass’ response within 90 calendar days. See 950 C.M.R. 32.08(1).

DeWayne Lehman SPR26/0356 Page 4 February 17, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Joshua Levin