Patrick & Nancy Sullivan v. Springfield, City of - Office of the City Clerk (SPR 20171099)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords August 29, 2017 SPR17/1099 Anthony I. Wilson, Esq. City Clerk City of Springfield 36 Court Street Springfield, MA 01103 Dear Attorney Wilson: I have received the petition of Nancy and Patrick Sullivan (the Sullivans) 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, the Sullivans requested copies of property appraisals for a specifically identified property. In a response dated August 14, 2017, the City stated "[p]ersonnel in the Assessor's Office have advised that there are no responsive records to your request." 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 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). 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 ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). The Sullivans informed this office that a specifically identified appraisal group prepared two reports regarding this property for the Assessor's Office. In light of the information provided by the Sullivans, it is unclear whether the City, or its agent, has possession, custody, or control of the responsive record. See Fifty-one Hispanic Residents of Chelsea v. School Comm. of Chelsea, 421 Mass. 598, 608 (1996) (while subject to control of a public entity as a principal for purposes of performing public duties, private university is a public agent). Wherever a record custodian keeps original public records in a location other than the municipal building, he or she has a duty 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

Anthony I. Wilson, Esq. SPRl 7/1099 Page 2 August 29, 2017 to make the public records available in a location convenient to the general public for inspection and copying. The City must clarify this matter. I understand a staff member of the Public Records Division contacted you and you indicated the City would provide a supplemental response regarding this matter. Conclusion Accordingly, I will consider this appeal closed with the proviso that the City provide a response to the Sullivans in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. The Sullivans may appeal the substantive nature of the response within ninety calendar days. 950 C.M.R. 32.08(1). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Nancy and Patrick Sullivan