Alec Ferretti v. Lynn, City of - Office of the City Solicitor (SPR 20252559)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 11, 2025 SPR25/2559 James P. Lamanna, Esq. Assistant City Solicitor City of Lynn Office of the City Solicitor 3 City Hall Square, Room 406 Lynn, MA 01901 Dear Attorney Lamanna: I have received the petition of Alec Ferretti appealing the response of the City of Lynn (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 7, 2025, Mr. Ferretti requested “… a scan of the marriage intention of [two identified individuals] who were married in 1948 in Lynn, Massachusetts.” Prior Appeal This request was the subject of a prior appeal. See SPR25/2539 Determination of the Supervisor of Records (August 28, 2025). In my August 28th determination, I found that the City had provided Mr. Ferretti with a supplemental response on August 28, 2025. Unsatisfied with the City’s response, Mr. Ferretti petitioned this office and this appeal, SPR25/2559, was opened as a result. Subsequent to the opening of this appeal, the City provided a further response on September 2, 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. 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

James P. Lamanna, Esq. SPR25/2559 Page 2 September 11, 2025 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 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 City’s August 28th Response In its August 28, 2025 response, the City provided Mr. Ferretti with a transcription of the identified individuals’ marriage certificate. Current Appeal In his August 28, 2025 petition to this office, Mr. Ferretti clarified that he was seeking a copy of the identified individuals’ marriage intention, rather than a marriage certificate, but that his request would be satisfied by a scan of the original marriage certificate. In its September 2, 2025 response, the City provided Mr. Ferretti with a copy of the identified individuals’ marriage certificate. The City informed Mr. Ferretti that the requested marriage intention was in the possession of the Town of Saugus. In a September 2, 2025 telephone conversation with this office, the City confirmed that it had provided Mr. Ferretti with all responsive records in its possession. No Duty to Create Records Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends only 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). Conclusion Given that all responsive records have been provided, and this office has no authority to compel the City to create records, I will now consider this administrative appeal closed. If Mr. Ferretti is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

James P. Lamanna, Esq. SPR25/2559 Page 3 September 11, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Alec Ferretti