Gracemarie & Joyce Tomaselli v. Salisbury, Town of - Treasurer/Tax Collector's Office (SPR 20160483)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 19, 2016 SPR16/483 Ms. Christine Caron Treasurer/Collector Town of Salisbury 5 Beach Road Salisbury, MA 01952 Dear Ms. Caron: I have received the petition of Misses Gracemarie and Joyce Tomaselli (referred to in this letter jointly as the Tomasellis) appealing the response of the Town of Salisbury-Tax Collector (Town) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, in requests dated December 11, 2015 and January 8, 2016, the Tomasellis requested records from the Tax Collector (Collector) related to a 1982 Town of Salisbury Annual Town Meeting Article 28 vote. The Town responded to these requests, respectively, in letters dated December 18, 2015 and January 13,2016. Previous determination This request was addressed in a previous determination. See SPR15/148 Determination of the Supervisor of Records (April20, 2016). My April20 determination addressed multiple public records requests by the Tomasellis, including the December 11 and January 8 requests. The Town provided fee estimates for the provision of records potentially responsive to the December 11 and January 8 requests. I found the Town's fee estimates to be compliant with the Public Records Law and its Access (Regulations) Regulations. Subsequently, in correspondence to this office dated June 30, 2016, the Tomasellis requested a new appeal to specifically address their December 11 and January 8 requests. This appeal (SPR16/483) 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, § 10(c); 950 C.M.R. 32.08(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 town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Christine Caron SPR16/483 Page2 July 19, 2016 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, § IO(c); see also District 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 ofthe responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § lO(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.00), custodian ofrecords shall provide written good faith estimate). Once fees are paid, a records custodian must provide the responsive records. The Tomasellis' June 30 letter In the Tomasellis' June 30 letter to this office, the Tomasellis' attempt to clarify their requests and offer examples of the type of information they are seeking. I understand an attorney on my staff provided you a copy of this letter. You indicated the Town would provide a supplemental response that addresses the issues raised in the June 30 letter. Conclusion Accordingly, I will consider this appeal closed with the proviso that the Town provide the Tomasellis a response to the December 11 and January 8 requests in a manner consistent with this order, the Public Records Law and its Regulations. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@ sec. state.ma. us. 8(?~ Shawn A. Williams Supervisor of Records cc: Misses Gracemarie and Joyce Tomaselli Mr. Neil Harrington