Herman, Colman v. University of Massachusetts - Boston (SPR 20260630)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 11, 2026 SPR26/0630 Matthew Fenlon Assistant Chancellor Government Relations/ Special Assistant to the Chancellor University of Massachusetts – Boston Office of Communications 100 Morrissey Boulevard Boston, MA 02125 Dear Mr. Fenlon: 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 January 9, 2026, Mr. Herman requested: [1] Records of any and all expenses that [an identified individual] incurred in his capacity of chancellor of the University of Massachusetts Boston for the period January 1, 2025 to December 31, 2025. This includes, but is not limited to the following[:] [a] Expense reports, including back-up receipts [b] Credit cards statements, including back-up receipts [c] Automobile expense records, including back-up receipts [d] Any and all other records that document Chancellor . . . expenses, including back-up receipts Please note that I am seeking both source documents and a spreadsheet or summary of the expenses. [2] The written employee reimbursement policy of the University of Massachusetts Boston. Prior Appeal This request was the subject of a prior appeal. See SPR26/0273 Determination of the Supervisor of Records (February 6, 2026). In my February 6th determination, I found that it was 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 SPR26/0630 Page 2 March 11, 2026 unclear whether the University had provided Mr. Herman with a response. The University responded on February 24, 2026. Unsatisfied with the response, Mr. Herman petitioned this office and this appeal, SPR26/0630, 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 custodian must provide the responsive records. The University’s February 24th Response In its February 24, 2026 response, the University stated, “[p]lease find attached expense reports of [an identified individual] responsive to your records request. Supporting receipts will be forthcoming.” Current Appeal In his appeal, Mr. Herman stated the following: … the University produced three spreadsheets but nothing more. The tabs on the spreadsheets do not work. Moreover, [the University] failed to produce the following public records that I had asked for in #1 above[:] [a] Expense reports, including back-up receipts [b] Credit cards statements, including back-up receipts [c] Automobile expense records, including back-up receipts [d] Any and all other records that document Chancellor . . . expenses, including back-up receipts

Matthew Fenlon SPR26/0630 Page 3 March 11, 2026 Based on Mr. Herman’s claims, in conjunction with the University’s response, it is unclear if the University possesses additional records responsive to his request. 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). However, 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). Consequently, the University must clarify whether any additional responsive records exist. Conclusion Accordingly, the University is ordered to provide Mr. Herman with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. Herman may appeal the substantive nature of the University’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Colman Herman