Stanley Mazurczyk v. Chelmsford, Town of - Town Clerk (SPR 20170811)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 23,2017 SPR171811 Patricia E. Dzuris Town Clerk Town of Chelmsford Chelmsford, MA 0 18 24 Dear Ms. Dzuris: I have received the petition of Stanley Mazurczyk appealing the response of the Town of Chelmsford (Town) to a request for public records. G. L. c. 66 5 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Mazurczylc requested "records qualifying [the] Town of Chelmsford Board of Assessors qualifications to assess properties in Chelmsford." Unsatisfied with the response he had received from the Town, Mr. Mazurczyk petitioned this office and this appeal 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, 5 10A(d); 950 C.M.R. 32.03(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, 5 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, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatleyy, 419 Mass. 507, 5 11 (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. One Ashburton Place, Room 1719 , Boston, Massachusetts 0210 8 (6 17) 727-2832. Fax: (6 17) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us

Patricia E. Dzuris Page 2 June 23,2017 Current appeal Subsequent to an intervention by a staff member of the Public Records Division, I learned that the Town generated a response to Mr. Mazurczyk's request on June 16,2017 that informed him that "[tlhere are no records matching your criteria." Under the Public Records Law, the Town is not required to create a record in response to a public records request. G. L. c. 66, 8 6A(d); 32 Op. Attv Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. G. L. c. 66, § 10(a)(ii). Accordingly, I determine that the Town appropriately addressed Mr. Mazurczyk's request and will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Stanley Mazurczyk