UMASS Amherst and Raytheon

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

Materials related to any contributions (and associated terms or deliverables) made to this institution, and any portion thereof, by Raytheon (or any subdivision or representative thereof) between January 1, 2014 and June 25, 2019.

Contracts and agreements
A copy of any and all contracts (including associated amendments and exhibits), memorandums of understanding, or other agreements referencing or related to Raytheon or any subdivision thereof.
- If a contract(s) or agreement with Raytheon, or any subdivision thereof has been cancelled, please provide any and all materials related to its cancellation, including the agreement and any deliberative or evaluative materials related to its dissolution
- If a contract with Raytheon, or any subdivision thereof has been cancelled, please provide the statement from the university about cancellation.
- Please include as responsive any agreements provided by Raytheon, including but not limited to any resembling the example attached to this request.

2) Gift receipts
A copy of any and all receipts, as well as related agreements and materials, associated with any and all gifts, donations, funding, or other contributions provided by Raytheon (or any subdivision or representative thereof) to this institution, and any portion thereof.

3) Communications
-Include any and all written or recorded communications between Raytheon and UMASS Amherst University Relations (including the now-dissolved department of corporate relations, whose website and contact information can be found here: https://www.umass.edu/corporate/contact_us.php)

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Ava Sasani

To Whom It May Concern:

This is an appeal under the Massachusetts Public Records Law of exemptions applied and a cost estimate issued by the University of Massachusetts, Amherst in response to my June 25, 2019 request related to the University of Massachusetts, Amherst’s contracts relationship with Raytheon.

In the response, the agency stated it would be withholding particular records in their entirety under exemptions “a” and “u” under G.L. c. 93 , in addition to requesting payment of $2,200 to complete my public records request. Both the request and the response letter from UMass can be found via this link:
https://www.muckrock.com/foi/massachusetts-1/umass-amherst-and-raytheon-76083/

The University explained that it would be fully withholding a number of documents and that those it would release, approximately 92 records by the agency’s estimate, would require additional time to process.

In their estimation, UMass Amherst provided the following calculation:

Search: 5 hours at $25/hour = $125

Segregate/Redaction: 87 hours at $25/hour = $2,175

No charge for first 4 employee hours = -$100


Total = $2,200


Appeal the failure to segregate and redact potentially-exempt documents:

Though the University did cite exemption (u) to explain their charge for segregation and redaction of documents, it does not justify the complete nondisclosure. They are required to segregate and redact.

The University has not sufficiently explained why they need 92 hours to redact “trade secret” information from just 92 documents.

In a similar appeals case, decided by the Supervisor of Public Records, (attached here as “case #2), the Commonwealth found that a public records officer:

“ May assess a charge for the segregation and redaction of exempt material under Exemptions ( c) and/or ( o) of the Public Records Law, however, based on the MBTA's July 1st fee estimate, it is unclear why it requires a total of9 hours to redact the responsive records. Particularly, it is unclear the number of records the MBTA is looking to redact and the number of pages there are. It is additionally uncertain how many minutes per page the MBTA requires to review the responsive records. The MBTA must clarify these issues.”

Simply invoking any exemption does not provide sufficient basis for the University's fee AND withholding of documents.

Unreasonable cost estimate:

This estimate assumes that each document will require one hour of work performed at the maximum rate allowable under the State’s records law. I appeal the validity of this appraisal as a good faith estimate, as required under the law.

In the November 2018 Appeals decision (attached and labeled as “case #1”), the Commonwealth found that municipalities and agencies have to meet a “burden of specificity in assessing the number of hours and explaining why the estimated amount to time is required to produce the record.”

The state also found that records officers have to “explain which employee's hourly rate was used to calculate the fee and whether that hourly was the lowest paid hourly rate of the employee who was capable of undertaking the tasks involved to produce the records.”


We further contest any application of fees to search and redaction time used for records to which an outside statute cannot be applied:

In compliance with the precedent set by your office and the Massachusetts Public Records law, please instruct the FOIA officers at UMass Amherst to revise their fee estimate to a more reasonable proposal.

To Whom It May Concern:

This is an appeal under the Massachusetts Public Records Law of exemptions applied and a cost estimate issued by the University of Massachusetts, Amherst in response to my June 25, 2019 request related to the University of Massachusetts, Amherst’s contracts relationship with Raytheon.

In the response, the agency stated it would be withholding particular records in their entirety under exemptions “a” and “u” under G.L. c. 93 , in addition to requesting payment of $2,200 to complete my public records request. Both the request and the response letter from UMass can be found via this link:
https://www.muckrock.com/foi/massachusetts-1/umass-amherst-and-raytheon-76083/

The University explained that it would be fully withholding a number of documents and that those it would release, approximately 92 records by the agency’s estimate, would require additional time to process.

In their estimation, UMass Amherst provided the following calculation:

Search: 5 hours at $25/hour = $125

Segregate/Redaction: 87 hours at $25/hour = $2,175

No charge for first 4 employee hours = -$100

Total = $2,200

Appeal the failure to segregate and redact potentially-exempt documents:

Though the University did cite exemption (u) to explain their charge for segregation and redaction of documents, it does not justify the complete nondisclosure. They are required to segregate and redact.

The University has not sufficiently explained why they need 92 hours to redact “trade secret” information from just 92 documents.

In a similar appeals case, decided by the Supervisor of Public Records, (attached here as “case #2), the Commonwealth found that a public records officer:

“ May assess a charge for the segregation and redaction of exempt material under Exemptions ( c) and/or ( o) of the Public Records Law, however, based on the MBTA's July 1st fee estimate, it is unclear why it requires a total of9 hours to redact the responsive records. Particularly, it is unclear the number of records the MBTA is looking to redact and the number of pages there are. It is additionally uncertain how many minutes per page the MBTA requires to review the responsive records. The MBTA must clarify these issues.”

Simply invoking any exemption does not provide sufficient basis for the University's fee AND withholding of documents.

Unreasonable cost estimate:

This estimate assumes that each document will require one hour of work performed at the maximum rate allowable under the State’s records law. I appeal the validity of this appraisal as a good faith estimate, as required under the law.

In the November 2018 Appeals decision (attached and labeled as “case #1”), the Commonwealth found that municipalities and agencies have to meet a “burden of specificity in assessing the number of hours and explaining why the estimated amount to time is required to produce the record.”

The state also found that records officers have to “explain which employee's hourly rate was used to calculate the fee and whether that hourly was the lowest paid hourly rate of the employee who was capable of undertaking the tasks involved to produce the records.”

We further contest any application of fees to search and redaction time used for records to which an outside statute cannot be applied:

In compliance with the precedent set by your office and the Massachusetts Public Records law, please instruct the FOIA officers at UMass Amherst to revise their fee estimate to a more reasonable proposal.

Best,
Ava Sasani

Dear Mr. Shorey,

Thank you for adding me on this email! I just wanted to follow up on this appeal for my public records request to the University of Massachusetts Amherst? I believe the 10 days for my petition have passed

Let me know if you require additional information from me.

Thanks,
Ava Sasani

Of course, thank you so much! If I still don't hear back from UMass after 10 business days, should I contact you again?

Best,
Ava

Hi Christine,

This is a reminder that my appeal to the state supervisor of public records (cc'ed here) was successful. You were issued the decision on August 16. Please respond with my documents promptly. Please feel free to reach out with any questions of concerns, my cell is 781-941-0829.

Thanks,
Ava

Good Morning Ed,

It was great speaking on the phone just now! Attached is the appeals decision letter that was issued by the state public records supervisor's office (who is cc'ed here, along with Christine) on August 16.

Thank you so much for getting me these records back within the allotted 10 business days, particularly given how busy I'm sure you all are with the new school year! As a reminder though, the reply to the SPR's appeals decision is due by this Friday.

Please feel free to reach out with any questions or concerns, my cell is 781-941-0829.

Best,
Ava