Decision SPR18/0256

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The Commonwealth of Massachusetts 
William Francis Galvin, Secretary of the Commonwealth
Public Records Division
Rebecca S. Murray 
Supervisor of Records 
Carla Vitale
Winthrop Town Clerk
Winthrop Town Hall
One Metcalf Square, Room 5
Winthrop, MA 02152
Dear Ms. Vitale :
March 15, 2018 
SPRlS/256 
I have received the petition from Matt Belletete appealing the response from the Town of
Winthrop (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R.
32.08(1). Mr. Belletete is requesting documents relating to property assessments. In the Town's
response, the Town directed Mr. Belletete to the Town's website. However, Mr. Belletete asserts
the requested information is not available on the website. 
Appeal 
Under the Public Records Law and the Access Regulations (Regulations) all requests for
public records must be met with a response within ten business days ofreceipt of the request. G. 
L. c. 66, § lO(a)-(b). The response may contain, among other things, an offer to provide records,
a fee estimate for provision of the records, or a denial. G. L. c. 66, § lO(b). All records
custodians must comply with both the Public Records Law and the Regulations with respect to
the timeliness of response. 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 ofrecords at the time of
the request. See G. L. c. 66, § lO(a)(ii), (b)(ii). Also, the duty to comply with requests for records
extends to identifying the agency or municipality that may be in possession, custody, or control
of the public record sought, if known. See G. L. c. 66, § lO(b) (iii).
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, § lO(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 
Ms. Carla Vitale
Pg.2
March 15, 2018
SPR18/256 
It is unclear whether there are records responsive to this request. If the Town is
withholding the requested information it must identify the withheld information, cite an
exemption as the basis of the withholding and explain why the exemption applies. See G. L. c.
66, § lO(b)(iv). 
Conclusion 
Accordingly, the Town is ordered to review the requests made by Mr. Belletete and
provide a response to Mr. Belletete, made in accordance with the Public Records Law, its Access
Regulations and this order within ten 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. If unresolved issues remain, Mr. Belletete may appeal the substantive
nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1).
cc: Mr. Matt Belletete
Sincerely, 
~~ 
Rebecca S. Murray
Supervisor of Records