Chad Gibson v. Wilbraham, Town of (SPR 20200343)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 25, 2020 SPR20/0343 Katherine Robinson Town of Wilbraham 240 Springfield Street Wilbraham, MA 01095 Dear Ms. Robinson: I have received the petition of Chad Gibson appealing the response of the Town of Wilbraham (Town) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Gibson requested the Town's "[b]oat commitment sheet." In a response dated Febrnary 21, 2020, the Town directed Mr. Gibson to the Massachusetts Environmental Police and simultaneously stated that it is this "office's opinion that boat excise is not a public record." Tlte 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). 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, § 1O (b )(iv); 950 C.M.R. 32.06(3); Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (c ustodian 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. CurrentAppeal The Town contends that the responsive excise tax bills comprise information contained in state motor vehicle records and that the information is not available to 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

Katherine Robinson SPR20/0343 Page 2 February 25, 2020 anyone other than the registered owner of the vehicle in accordance with the federal Drivers Privacy Protection Act. While it is imperative to protect individuals' security, much of the information is also readily available from public sources in the Commonwealth of Massachusetts (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 the Commonwealth. 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. It is my understanding that much of the informatio11 contained in the excise tax bills is derived from Town records, not from records received from the state motor vehicle records. Even though the Town receives information concerning individuals' names, addresses, and telephone numbers from the state, it does not preclude the Town from releasing this information collected on its own ih the form of street lists or property tax assessment information. See G. L. c. 51, § 4. Conclusion Accordingly, the Town is ordered to provide Mr. Gibson with a response to his request, provided 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