Chad Gibson v. Wilbraham, Town of (SPR 20200433)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 9, 2020 SPR20/0433 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 February 28, 2020, the Town responded with the responsive records but "[p]er Federal Driver Protection Act, the names and addresses have been redacted." 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, § 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). 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); 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). 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. Prior Appeal This request was the subject of a previous determination. See SPR20/0343 Determination of the Supervisor of Records (February 25, 2020). In my February 25th determination, I ordered 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 SPR20/0433 Page 2 March 9, 2020 that the Town provide Mr. Gibson with a response to his request provided in a manner consistent with my February 25111 order, the Public Records Law, and its Regulations. Current Appeal 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 anyone other than the registered owner of the vehicle in accordance with the federal Drivers Privacy Protection Act (DPP A). Please be aware, in a recent decision the Superior Court has held that the DPPA does not apply to municipalities. City of Somerville v. Rebecca Murray, C.A. NO. 1581CV04911 (December 4, 2019) (holding "given the specific language in the DPPA , that statute specifically does not apply to municipalities ... "). Further, 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. 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. Any redaction(s) made must be addressed with specificity. 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, ~ I T ~ Supervisor of Records cc: Chad Gibson