Herman, Colman v. Pension Reserves Investment Management Board (SPR 20260677)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 5, 2026 SPR26/0677 John Fitzpatrick, Esq. Records Access Officer Pension Reserves Investment Management Board 84 State Street, Suite 250 Boston, MA 02109 Dear Attorney Fitzpatrick: I have received the petition of Colman Herman appealing the response of the Pension Reserves Investment Management Board (Board/PRIM) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 2, 2026, Mr. Herman requested: [1] Records of any and all expenses that [an identified individual] incurred in his capacity of executive director and chief investment officer of the Pension Reserves Investment Management Board 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 [an identified individual’s] 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 Pension Reserves Investment Management Board[.] The Board responded on January 16, 2026 and February 26, 2026. Unsatisfied with the Board’s responses, Mr. Herman petitioned this office and this appeal, SPR26/0677, was opened as a result. 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

John Fitzpatrick, Esq. SPR26/0677 Page 2 March 5, 2026 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 Board’s January 16th and February 26th Responses On January 16, 2026, the Board provided records responsive to Mr. Herman’s request. On, February 26, 2026, the Board stated, “[p]lease note that all responsive records to your request have been produced. Furthermore, PRIM has no obligation to create records in response to a request for information.” Current Appeal In his appeal petition, Mr. Herman contended: It would be an easy task to extract the data I am seeking here. In fact, that is exactly what PRIM does in order to prepare its annual audited financial reports … If one were to believe PRIM it has no way of analyzing its expenses. It could not say, for example., [sic] how much it is spending on airfare. … Additional 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen.

John Fitzpatrick, Esq. SPR26/0677 Page 3 March 5, 2026 157, 165 (May 18, 1977). In accordance with the Public Records Law, 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). Based on issues raised in Mr. Herman’s appeal, it is unclear whether the Board possesses additional responsive records. Specifically, the Board must clarify whether it possesses “a spreadsheet or summary of the expenses.” To the extent that additional records exist, I find the Board must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). The Board must clarify this matter. Conclusion Accordingly, the Board 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 (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. Herman may further appeal the substantive nature of the Board’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Colman Herman