Alec Ferretti v. Reading, Town of - Town Clerk (SPR 20252553)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 9, 2025 SPR25/2553 Laura A. Gemme Town Clerk Town of Reading 16 Lowell Street Reading, MA 01867 Dear Ms. Gemme: I have received the petition of Alec Ferretti appealing the response of the Town of Reading (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 27, 2025, Mr. Ferretti requested “a scan of the birth certificate/return of a birth for [two identified individuals].” The Town responded on August 27, 2025. Unsatisfied with the response, Mr. Ferretti petitioned this office and this appeal, SPR25/2553, was opened as a result. While this appeal was pending, the Town provided a supplemental response on August 28, 2025. 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 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

Laura A. Gemme SPR25/2553 Page 2 September 9, 2025 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 Town’s August 27th Response On August 27, 2025, the Town stated, “[w]e only issue certified copies of vital records, which are $10 each. You can request them online via [the] link below, by mail, or in person…” In an August 27, 2025 email communication to the Town, Mr. Ferretti stated, “[t]he Administrator of Public Records recently made a determination regarding vital records and their accessibility under the Public Records Law. Please see the attached document, thus, I am requesting an uncertified scan, not a certified copy.” In an August 27, 2025 email communication to Mr. Ferretti, the Town stated, “…until the Vital Records Division of the Department of Health, Massachusetts tells me otherwise, I am not allowed to issue vital records unless they are certified. If I receive something in writing addressing the Town of Reading from the Vital Records, I will be happy to comply. In the meantime, I can provide information from the record if you are looking for something specific. Please feel free to reach out [to] the Vital Records Division of the Department of Health, Massachusetts as they determine the rules in which vital records are issued.” Current Appeal In his August 27, 2025 appeal to this office, Mr. Ferretti objected to the Town’s response “…on the basis that uncertified copies of vital records are subject to the Public Records Law[.]” In a supplemental response on August 28, 2025, the Town stated, “[t]his requestor is asking for a scanned copy of vital records. Town and City Clerks have been instructed by Vital Records Division of the Department of Health, Massachusetts that we can only issue certified copies of any vital record. In corresponding with the requestor I have noted so. If I get [a] notification from Vitals that I can send a scanned copy, I will but not until I have instruction in writing from them.” The Town’s response did not contain the specificity required in a denial of access to public records. The Town must either provide the requested records or cite an exemption to the Public Records Law and explain with specificity how such an exemption applies to withhold or redact the records. 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”). The Town must clarify this matter.

Laura A. Gemme SPR25/2553 Page 3 September 9, 2025 Conclusion Accordingly, the Town is ordered to provide Mr. Ferretti with a response to his 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. Ferretti may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Alec Ferretti