Russell Seelig v. Springfield, City of - Public Schools (SPR 20181718)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords November 29, 2018 SPR18/1718 Anthony I. Wilson, Esq. City Clerk City of Springfield Office of the City Clerk 36 Court Street Springfield, MA O1 103 Dear Attorney Wilson: 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, § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Seelig requested to view: "The list of those investment property owners who have been sent Information Request 3 8Ds for income and expense information for calendar 2017, including direct owners of properties, including railroad rights of way and properties declared [u ]ndevelopable or others that may contain structures that bring rental income to the parcels. The request also includes a viewing of Information Request 3 8Ds sent to those who are lessees of said properties such as billboard, cell tower and cell antenna owners, if same have been sent. The request also includes a viewing of the identifying information for non-responders and for a viewing of those parcels where the penalties for non-responders will be added to the next year's tax bill, if any have been identified.so far." In his petition to the Supervisor of Records (Supervisor), Mr. Seelig indicated that this was the same request that was made on September 28, 2018, and that was withdrawn on October 4, 2018 in exchange for a confirmation that the 3 SD penalties per the statute would be assessed on the 2019 tax bills. He asked that the City contact him when the viewings are available. On October 26, 2018, Mr. Seelig re-submitted this request. The City responded on November 9, 2018, stating, "[a]s of the date and time of this correspondence, the Board of Assessors has not provided [the Clerk's office] with any records that may be responsive to your request." As a result of the City Clerk's Office denial, Mr. Seelig petitioned the Supervisor, and this appeal was opened. 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

L Anthony Wilson, Esq. SPR18/l 718 Page2 November 29, 2018 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, § 1O A( 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). In his November 11th petition, Mr. Seelig states, "[t]he City's Board of Assessors routinely maintains an electronic data base of its mailing of Information Request 3 8Ds, the information about responders and non-responders. What is new in this request is the listing of penalties assessed against non-responders but it, too, is Public Record." Further, Mr. Seelig suggests that the Board of Assessors could provide the requested information with the use of a few key strokes since the information is in an electronic data base. It is unclear from the City's November 9th response what records the Board of Assessors has in its possession that may be responsive to Mr. Seelig's request, and whether those records may be provided directly from the Board of Assessors. To deny access to a record under the Public Records Law, a records access officer must identify the record, categories of records, or portions of the record it intends to withhold. G. L. c. 66, § lO(b)(iv); 950 C.M.R. 32.06(3)(c)(4). If the City is withholding the requested records, it must identify what type ofrecord(s) it has in its possession that are responsive and that the City is withholding. Order Accordingly, I find that the City did not meet its burden in responding to this request. The City is ordered to provide Mr. Seelig with a response concerning the request, 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Russell L. Seelig