Dev Freeland v. Springfield, City of (SPR 20251595)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 12, 2025 SPR25/1595 Justin P. Morin Public Records Coordinator City of Springfield 36 Court Street, Room 210 Springfield, MA 01103 Dear Mr. Morin: I have received the petition of Dev Freeland appealing the response of the City of Springfield (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 17, 2025, Mr. Freeland requested an uncertified death certificate for an identified individual. The City responded on May 21, 2025. Unsatisfied with the response, Mr. Freeland petitioned this office and this appeal, SPR25/1595, 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. Att’y 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 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. 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

Justin P. Morin SPR25/1595 Page 2 June 12, 2025 The City’s May 21st Response In its May 21, 2025 response, the City stated: Personnel in the City Clerk’s Office have located a death certificate for [an identified individual]. Please be advised that requests for certified copies of vital records must be submitted to the City Clerk’s Office. Certified copies of vital records (birth, marriage, or death) can be requested in person, by mail, or electronically through VitalChek. Certified copies cost $20 each when transacted in person or through the mail. Certain vital records are restricted under Massachusetts Law and may only be obtained after presenting a valid ID to the Clerk’s Office personnel. Current Appeal In his June 5, 2025 petition to this office, Mr. Freeland contended that an “uncertified or informational copy” of the requested record was a public record subject to disclosure. The City’s response did not contain the specificity required in a denial of access to public records. The City must either provide the requested record or cite an exemption to the Public Records Law and explain with specificity how such an exemption applies to withhold or redact the record. See G. L. c. 66, § 10(b)(iv) (a 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”). Conclusion Accordingly, the City is ordered to provide Mr. Freeland with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations 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 the response to this office at pre@sec.state.ma.us. Mr. Freeland may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Dev Freeland