Gracemarie & Joyce Tomaselli v. Salisbury, Town of - Treasurer/Tax Collector's Office (SPR 20160680)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 16, 2016 SPR16/680 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 § 1O (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. Previous determination This request was the subject of a previous appeal and multiple determinations. See SPR15/148 Determination ofthe Supervisor of Records (April20, 2016); SPR15/483 Determination of the Supervisor of Records (July 19, 2016). In my July 19 determination I closed the appeal with the proviso that the Town provide the Tomasellis a response to the December 11 and January 8 requests in a manner consistent with the order, the Public Records Law and its Access Regulations (Regulations). The Town responded to this order in a letter dated August 12, 2016. In correspondence to this office dated August 25, 2016, the Tomasellis seek further action and this appeal (SPR16/680) was opened as a result. Current appeal The Town enclosed several pages of documents with its August 12letter. However, in the Tomasellis' August 25 letter to this office, the Tomasellis' indicate "the documents Ms. Caron provided are numerous and confusing" and was "not what we requested." The Tomasellis explain their request to the Town is for "a simple list of actual sewer betterment charged" that includes specific information about certain parcels. It should be noted that the Tomasellis' December 11 request was for "a listing" of information. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Christine Caron SPR16/680 Page 2 September 16, 2016 In accordance with the Public Records Law, a custodian is expected to use his superior knowledge of the records in his custody to assist the requester in obtaining the desired information. See 950 C.M.R. 32.05(4 ). Nevertheless, the duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). I understand an attorney on my staff provided you a copy of the Tomasellis' August 25 letter. You explained in a telephone conversation that the Town does not possess a responsive "list" and that the records provided contain responsive information. You also indicated the Town would provide a supplemental response that clarifies these matters and addresses the issues raised in the August 25 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. SuPervisor of Records cc: Misses Gracemarie and Joyce Tomaselli Mr. Neil Harrington