Gracemarie & Joyce Tomaselli v. Salisbury, Town of - Treasurer/Tax Collector's Office (SPR 20160919)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of Records October 31,2016 SPR16/919 Christine Caron Treasurer/Collector Town of Salisbury 5 Beach Road Salisbury, MA 01952 Dear Ms. Caron: I have received the petition of 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. Previous determination This request was the subject of previous appeals. See SPR15/148 Determination of the Supervisor of Records (April20, 2016); SPR15/483 Determination of the Supervisor of Records (July 19, 2016); SPR15/680 Determination ofthe Supervisor of Records (September 16, 2016). In my September 16 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 September 30, 2016. In correspondence to this office dated October 20, 2016, the Tomasellis seek further action and this appeal (SPR16/919) was opened as a result. Current appeal The Town provided several pages of documents in response to the Tomasellis' requests. However, in the Tomasellis' October 20 letter to this office, the Tomasellis' indicate they are seeking responsive information regarding "interest charged annually on betterment over and above betterment principal and betterment committed interest charged to this property and our 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

Christine Caron SPR16/919 Page 2 October 31, 2016 payments applied" (emphasis in original). It appears the Tomasellis are seeking information such as "the Town's Transaction Code(s)" or "the formula that the Town uses" to calculate these charges. 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' October 20 letter. You explained in a telephone conversation that the Town would provide a supplemental response that clarifies these matters and addresses the issues raised in the October 20 letter. Conclusion Accordingly, I will consider this appeal closed with the proviso that the Town provide the Tomasellis a response 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(a),sec.state.ma.us. s, / cc: Misses Gracemarie and Joyce Tomaselli Mr. Neil Harrington