Russell Seelig v. Springfield, City of (SPR 20170747)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords June 9, 2017 SPR17/747 Andrea L. Stone, Esq. Public Records Coordinator City of Springfield City Clerk's Office 36 Court Street, Room 123 Springfield, MA O1 103 Dear Attorney Stone: I have received the petition of Russell Seelig appealing the response of the City of Springfield (City) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Seelig requested to view documents that show parcel numbers and their owners who were sent Information Request 3 8D forms for fiscal year 201 7 parcel valuation purposes and the document(s) that show the listing of those parcel owners who did not respond to the requests. The City Clerk Anthony I. Wilson, Esq. provided a May 31st response denying access to the information because it exists solely on Information Request 3 8D forms that are exempt under G. L. c. 59, § 38D as it operates through Exemption (a) of the Public Records Law. Mr. Seelig appealed. In a May 31st petition, Mr. Seelig clarifies his request by stating, "the City's interpretation regarding 38D Form information is incorrect, because what is confidential is the response of the parcel owners regarding income and expense numbers for their parcels, while their names and other parcel-related information, which are not supplied by the parcel owners but by the Board of Assessors itself, are Public Record." Requirements for filing an appeal Mr. Seelig did not provide the Records Access Officer with a copy of his petition. In petitioning the Supervisor, the requester must provide a copy of such petition to the records access officer associated with such petition. 950 C.M.R. 32.08(1)(h). 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, § lOA(d); 950 C.M.R. 32.03(4). "Public 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

Andrea L. Stone SPR17/747 Page 2 June 9, 2017 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). 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, § 1 O(b )(iv); 950 C.M.R. 32.06(3); see also Dist. 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 of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1 O(b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Public Records Division attorneys are available during regular business hours to answer general questions regarding the Public Records Law. In addition, Public Records Division staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact the Public Records Division directly at the telephone number provided in this determination for further information. Exemption (a) The City's May 31, 2017 response informed Mr. Seelig that his request must be denied because such information exists solely on Information Request 38D forms which are exempt pursuant to G. L. c. 59, § 52B as it operates through Exemption (a). Exemption (a) allows withholding of those records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, § 7 (26)(a). A governmental entity may use the statutory exemption, as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public's right to inspect records under the Public Records Law is restricted. See Attorney General v. Collector of Lynn, 377 Mass. 151, 54 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This office cannot order disclosure of records if a statute mandates nondisclosure. Gen. Chemical Corp. v. Dept. of Envtl. Quality Eng'g, 19 Mass. App. Ct. 287 (Mass. App. Ct. 1985).

Andrea L. Stone SPRl 7/747 Page 3 June 9, 2017 One such exempting statute is G. L. c. 59, § 528, pertaining to Official Inspection of Valuation Information, Release of Comparable Sales Data. This statute provides in pertinent part: Section 528. All information collected pursuant to section 8A of chapter 58A and sections 38D, 38E, 57D and 61A of this chapter shall be open to the inspection of the assessors, the commissioner, the deputies, clerks and assistants of either the assessors or the commissioner and such other officials of the commonwealth or of its political subdivisions ....N othing in this section shall prevent a person who submitted that information, or his designated representative, from inspecting or being provided a copy of the submission upon request. G. L. C. 59, § 528. In a telephone conversation with an attorney in the Public Records Division, and based on Mr. Seelig's May 31st clarification of the request, you stated the City would provide Mr. Seelig with a further response. Conclusion Whereas the City has indicated that a supplemental response will be sent to Mr. Seelig, I will consider this appeal closed, given the response is provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. 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. Mr. Seelig may appeal the substantive nature of the response within ninety (90) calendar days. 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Russell Seelig