Russell Seelig v. Springfield, City of - Public Schools (SPR 20200582)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 6, 2020 SPR20/0582 Ms. Tasheena Davis City Clerk City of Springfield 36 Court Street Springfield, MA 01103 Dear Ms. Davis: I have received the petition of Russell Seelig appealing the non-response of Tyler Technologies, to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on January 21, 2020, Mr. Seelig requested “a copy of the English Language Description of the software used to determine the valuation of single family parcels in the City under the City’s contract number 20170692 signed by Tyler Technologies, Inc. John Marr, Jr. September 7, 2017.” Mr. Seelig notes, “the contract is for Residential Valuation Services Assistance for FY18 and is out of the Moraine, OH office.” In a March 11, 2020 petition, Mr. Seelig petitioned the Supervisor of Records (Supervisor) and this appeal was opened. This office advised Mr. Seelig that requests under the Public Records Law must be sent to a Massachusetts government entity. On March 19, 2020, Mr. Seelig sent his request to the City of Springfield (City), and on April 1, 2020 Mr. Seelig received a response from Anna C. Martinez, a paralegal for the City. In Ms. Martinez’s April 1st response, she indicates that she has contacted the appropriate City departments and will issue a formal written response within 10 business days, or as soon as practicable given the present conditions as a result of the COVID-19 Pandemic. As a result of the City’s April 1st acknowledgement, Mr. Seelig contacted this office, on April 3rd, stating, “[m]y thinking is to give the City another 10 days to respond one way or another, and then to ask [the Supervisor] for help.” 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, § 10A(d); 950 C.M.R. 32.03(4). “Public 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. SPR20/0582 Page 2 April 6, 2020 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, § 10(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). If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Order Accordingly, the City is ordered to provide Mr. Seelig with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations as soon as it is practicable. 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 Seelig