Thomas Ramos v. Barnstable, Town of - Tax Collector's Office (SPR 20232521)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 6, 2023 SPR23/2521 Sean O’Brien Town Treasurer/Collector Town of Barnstable 367 Main Street Hyannis, MA 02601 Dear Mr. O’Brien: I have received the petition of Thomas Ramos appealing the nonresponse of the Town of Barnstable (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 4, 2023, Mr. Ramos requested “a copy … of [the Town’s] Tax Title Account List of all properties currently in tax title.” Claiming to not yet have received responsive records, Mr. Ramos petitioned this office and this appeal, SPR23/2521, was opened as a result. 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 agency or municipality 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). 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

Sean O’Brien SPR23/2521 Page 2 November 6, 2023 The Town’s October 24th response In a letter to this office dated October 24, 2023, a representative of the Town explained that they “[r]eceived a letter requesting public records from your office. I have complied with every public records request that I’ve received through FOIAdirect our public records software.” Current Appeal In his October 23, 2023 appeal petition, Mr. Ramos states: This is an appeal to the Supervisor of Public Records pursuant to M.G.L. c. 66, § 10A(a) for the failure by the Records Access Officer for the Town of Wareham to comply with the requirements of M.G.L. c. 66, § 10(a) and 950 C.M.R. § 32.00 et. seq…. On September 24, 2023, requestor Thomas Ramos … did forward to the Town of Marion to the attention of the Tax Collector’s Office and the Records Access Officer his request for a copy of the city Tax Title Account list. Upon review of Mr. Ramos appeal, I find that the basis of Mr. Ramos’ appeal is unclear. Mr. Ramos’ October 4th request was to the Barnstable Police Department but his appeal appears to refer to the Town of Wareham and the Town of Marion, thus the appeal is unclear. Mr. Ramos is reminded that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(1)(f). Conclusion Accordingly, I am unable to issue a determination at this time. Mr. Ramos may wish to clarify his appeal. Sincerely, Manza Arthur Supervisor of Records cc: Thomas Ramos