McCarthy, Mark v. Amesbury Assessors Office (SPR 20260924)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 27, 2026 SPR26/0924 Jennifer E. Smith City Clerk City of Amesbury, Assessor’s Office 62 Friend Street Amesbury, MA 01913 Dear Ms. Smith: I have received the petition of Mark McCarthy appealing the response of the Amesbury Assessor’s Office (Office). See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On February 5, 2026, Mr. McCarthy sought, “copies of all records in regard to the removal of [an identified address] from the VISION public real estate assessment database.” The Office responded on February 5, 2026 and February 9, 2026. Unsatisfied with the responses, Mr. McCarthy petitioned this office and this appeal, SPR26/0924, were 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. See 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 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 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

Jennifer E. Smith SPR26/0924 Page 2 March 27, 2026 provided. See 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 Office’s February 5th and February 9th Responses In its February 5, 2026 response, a representative for the Office stated, “I will forward this request to the…City Clerk in City Clerk’s Office.” In its February 9, 2026 response, the Office stated, “[t]here is no prescribed form or standardized process for requesting the suppression of information from the public database. Such requests are submitted to the Chief Assessor and are reviewed on a case-by-case basis. With respect to your request, the City has provided all information that is available and legally permissible for disclosure.” On February 11, 2026 in an email to the Office, Mr. McCarthy modified his request to seek the following: [1] Any written request (including email, letter, form submission, or electronic portal request) made by the property owner circa 2023 one [identified individual] of [an identified address] seeking suppression of property data from the City’s publicly accessible database[;] [2] Any internal correspondence, memoranda, or approvals concerning that suppression[;] [3] Any policies, procedures, guidelines, or written criteria governing suppression of property data from the public database[;] [4] Any correspondence with third-party vendors or IT personnel relating to the implementation of such suppression. In a March 8, 2026 email to the Office, Mr. McCarthy stated, “…[t]he statute requires a response within ten business days. That deadline has passed and I have received no acknowledgment or response…” Current Appeal In his March 14, 2026 petition to this office, Mr. McCarthy stated, “…On February 5, 2026, I submitted a public records request to the Amesbury Assessor’s Office seeking records related to the removal of property assessment information for [an identified address] from the City’s publicly accessible Vision appraisal database. On February 11, 2026, after initial correspondence with city officials, I submitted a clarified and expanded request directed to the Assessor as the custodian of assessing records…”

Jennifer E. Smith SPR26/0924 Page 3 March 27, 2026 Timeframe for Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of a request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Mr. McCarthy modified his request on February 11, 2026, and the Office has not provided responsive records, I find the Office has not met its burden in responding to the requests in accordance with G. L. c. 66, § 10(b). Consequently, the Office must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Office must provide the records on a rolling basis. Conclusion Accordingly, the Office is ordered to provide Mr. McCarthy 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. McCarthy may appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Mark McCarthy Laurie Poshpeck C.A.A.