Henry Komosa v. Town of Montague - Office of the Board of Assessors (SPR 20211123)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 14, 2021 SPR21/1123 Karen M. Tonelli, M.A.A. Director of Assessing Town of Montague Board of Board of Assessors 1 Avenue A Turners Falls, MA 01376 Dear Ms. Tonelli: I have received the petition of Henry Komosa appealing the response of the Town of Montague Board of Assessors (Board) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Komosa requested “a copy of all documents and maps that [the Board] relied on at that meeting on April 27, 2020 to make that decision [on his property.” The requested records were the subject of a prior appeal. See SPR21/0626. Determination of the Supervisor of Records (Supervisor) (March 29, 2021). In March, the Board mailed three aerial photos and a map to Mr. Komosa in response to his request. On May 2nd, Mr. Komosa petitioned the Supervisor for assistance, and the current appeal was opened. In his petition, Mr. Komosa asked this office to verify whether the Board provided all records responsive to his request. 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 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 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

Karen M. Tonelli, M.A.A. SPR21/1123 Page 2 May 14, 2021 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). It is unclear whether the Board is in possession of additional records responsive to Mr. Komosa’s request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). The Board must provide Mr. Komosa with a response to clarify whether additional records exist. Conclusion Accordingly, the Board is ordered to provide Mr. Komosa with a response to his 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: Henry Komosa Debra A. Bourbeau, Town Clerk