Mazurczyk, Stanley v. Chelmsford, Town of - Chief Assessor (SPR 20260408)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 18, 2026 SPR26/0408 Regan Lemay Chief Assessor Town of Chelmsford 50 Billerica Road Chelmsford, MA 01824 Dear Ms. Lemay: I have received the petition of Stanley Mazurczyk appealing the response of the Town of Chelmsford, Assessors Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 20, 2026, Mr. Mazurczyk requested, “[the] FY26 valuation card for [an identified location] and five (5) valuation cards of comparable properties assessors used to assess [an identified location].” Previous Appeal This request was the subject of a previous appeal. See SPR26/0397 Determination of the Supervisor of Records (February 6, 2026). In my February 6th determination, I closed SPR26/0397 in light of the Department providing a written response to Mr. Mazurczyk on February 5, 2026. Unsatisfied with the Department’s response, Mr. Mazurczyk petitioned this office and this appeal, SPR26/0408, 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); 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 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

Regan Lemay SPR26/0408 Page 2 February 18, 2026 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. 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. The Department’s February 5th Response In its February 5, 2026 response, a representative for the Department provided a responsive record and stated, “I have also included a link to the assessors database where you can find any other property record cards you may need.” Current Appeal In his February 6, 2026 appeal to this office, Mr. Mazurczyk stated, “[t]he response doesn’t resolve the issue as the Assessor failed to provide ‘five (5) valuation cards of comparable properties assessors used to assess [an identified address].’ Consequently, Assessor’s response is incomplete and can’t be considered satisfactory to close this appeal.” Based on Mr. Mazurczyk’s petition and the Department’s response, it is unclear whether the Department possesses additional responsive records. 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). Consequently, the Department must clarify whether it possesses additional responsive records. Conclusion Accordingly, the Department is ordered to provide Mr. Mazurczyk with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Mazurczyk may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Stanley Mazurczyk