Chad Gibson v. City of Chicopee - Accessor's Office (SPR 20200300)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 28, 2020 SPR20/0300 Brian Suchy Assessor's Office City of Chicopee 274 Front Street Chicopee, MA O 1013 Dear Mr. Suchy: I have received the petition of Chad Gibson appealing the response of the City of Chicopee Assessor's Office (City) to a request for public records. G. L. c. 66, § IOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Gibson requested: "A Boat Commitment [S]heet. This is a list of all boats listed in the [C]ity that is sent out every [M]ay by the [E]nvironmental [P]olice." In a February 13, 2020 response, the City denied Mr. Gibson's request in its entirety under Exemption ( c) of the Public Records Law. In an email to this office, you indicated that you contacted Mr. Gibson by telephone and advised him that the City would not release the information requested and directed him to contact the Registry of Motor Vehicle and Department of Fisheries. As a result, Mr. Gibson petitioned the Supervisor of Records, and this appeal was opened. In a February 24, 2020 email to a Senior Attorney in the Public Records Division, Mr. Gibson provided the specific information that he seeks and that is listed on a "boat commitment sheet," such as the name and address of the boat owner; make, year and length of the boat; and active registration/title of the boat. 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, § IOA(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). 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

Brian Suchy SPR20/0300 Page 2 February 28, 2020 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, § lO(b)(iv) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based ... "); 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). Exemption (c) Exemption ( c) applies to: personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy G. L. c. 4, § 7 (26)(c). Exemption ( c) contains two distinct and independent clauses, each requiring its own analysis. Globe Newspaper Co. v. Boston Retirement Bd., 388 Mass. 427, 432-33 (1983). The City claims that the requested information is private and not subject to disclosure under the second clause of Exemption (c). Second clause of (c) -privacy Analysis under the second clause of Exemption (c) is subjective in nature and requires a balancing of the public's right to know against the relevant privacy interests at stake. Torres v. Attorney Gen., 391 Mass. 1, 9 (1984); Attorney Gen. v. Assistant Comm'r of Real Property Dep't, 380 Mass. 623, 625 (1980). Therefore, determinations must be made on a case by case basis. This clause does not protect all data relating to specifically named individuals. Rather, there are factors to consider when assessing the weight of the privacy interest at stake: (1) whether disclosure would result in personal embarrassment to an individual of normal sensibilities; (2) whether the materials sought contain intimate details of a highly personal nature; and (3) whether the same information is available from other sources. See People for the Ethical Treatment of Animals (PETA) v. Dep't of Agric. Res., 477 Mass. 280,292 (2017). The types of personal information which the second clause of this exemption is designed to protect includes: marital status, paternity, substance abuse, government assistance, family disputes and reputation. Id. at 292 n.13; see also Doe v. Registrar of Motor Vehicles, 26 Mass. App. Ct. 415, 427 (1988) (holding that a motor vehicle licensee has a privacy interest in disclosure of his social security number).

Brian Suchy SPR20/0300 Page 3 February 28, 2020 This clause requires a balancing test which provides that where the public interest in obtaining the requested information substantially outweighs the seriousness of any invasion of privacy, the private interest in preventing disclosure must yield. PETA, 477 Mass. at 291. The public has a recognized interest in knowing whether public servants are carrying out their duties in a law-abiding and efficient manner. Id. at 292. Names and addresses ofr esidents,· personal and real estate property records While it is imperative to protect individuals' privacy, much of the information requested by Mr. Gibson is also readily available from public sources in the Commonwealth of Massachusetts. In fact, in Massachusetts, there is a long history of statutorily requiring the public availability of the names and street addresses of adult residents of Massachusetts. See G. L. c. 51, § 4 (first street list statute enacted in Massachusetts in 1882). Additionally, property tax assessment information, including a property owner's name, address and property value, is readily available from public sources in Massachusetts. I find that the City has not met its burden under the Public Records Law on responding to this request and in providing the responsive information. Conclusion Accordingly, the City is ordered to provide Mr. Gibson with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within 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: Chad Gibson