W. Granfield, Esq., Rachel v. Methuen, City of (SPR 20140348)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords July 11, 2014 SPR14/348 Ms. Rachel W. W. Granfield, Esq. Northeast Legal Aid 181 Union Street, Suite 201A Lynn, MA 01901 Dear Attorney Granfield: This office has received your petition appealing the response of the City of Methuen (City) to your request for public records. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(6). Specifically, you requested copies of the following records: 1. Standards used by the Board of Assessors to determine which taxpayers will receive a property tax exemption under G.L. c. 59, § 5, clause 18; 2. Redacted versions of all applications for property tax exemptions pursuant to clause 18 for the period of May 1, 2004 to the present date; 3. Redacted versions of all grants, denials, and other determinations of property tax exemptions pursuant to clause 18 for the period of May 1, 2004 to the present date. In a May 22, 2014 letter responding to your request, City Assessor Michele M. Mastrangelo provided you with copies of records responsive to the first item of your request. Ms. Mastrangelo stated that the City has withheld records responsive to the second and third items of your request pursuant to Exemption (a) of the Public Records Law. Exemption (a) Exemption (a) allows for the withholding of records which are: specifically or by necessary implication exempted from disclosure by statute G.L. c. 4, § 7(26)(a) OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Rachel W. W. Granfield, Esq. SPR14/348 Page Two July 11, 2014 A governmental entity may use Exemption (a) as a basis for withholding requested materials where the language of the exempting statute suggests that the public's right to inspect records under the Public Records Law is restricted. Attorney General v. Collector of Lynn, 3 77 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 3 72 Mass. 539, 545-46 (1977). In its letter, the City stated that responsive records have been withheld pursuant to G.L. c. 59, § 60 as it operates under Exemption (a). Section 60 permits the withholding of applications for tax abatement or exemption, where the inspection of these applications is permitted in limited circumstances by specifically identified officials. Despite your request for redacted applications for abatement or exemption, the City may permissibly withhold these records in their entirety pursuant to Exemption (a). Section 60 enacts no limitation on the City with respect to its withholding of information included within the responsive applications. These applications are, by statute, exempt from public disclosure. The City is not obligated to provide you with copies of these records in redacted form. In a July 2, 2014 telephone conversation with an attorney on my staff, Ms. Mastrangelo stated that the City has identified non-exempt records responsive to the third item of your requests. According to Ms. Mastrangelo, the City will provide you with copies of these records. Whereas the City may permissibly withhold applications for abatement as mandated by statute and further whereas the City has either provided or intends to provide copies of records responsive to the remainder of your request, this administrative appeal is now closed. cc: Ms. Michele M. Mastrangelo