Alec Ferretti v. Arlington, Town of - Clerk's Office (SPR 20252648)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 15, 2025 SPR25/2648 Agnes Bayer-Kiss Principal Clerk Town of Arlington 730 Massachusetts Avenue Arlington, MA 02476 Dear Ms. Bayer-Kiss: I have received the petition of Alec Ferretti appealing the response of the Town of Arlington (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 scans of death certificates for four identified individuals. The Town responded on August 27, 2025. Unsatisfied with the Town’s response, Mr. Ferretti petitioned this office and this appeal, SPR25/2648, 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. 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. 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

Agnes Bayer-Kiss SPR25/2648 Page 2 September 15, 2025 The Town’s August 27th Response In its August 27, 2025 response, the Town confirmed that it possess responsive records for three of the four identified individuals. In addition, the Town stated, “[p]lease note that we are not allowed to email scans of public vital records. By law, we can only produce certified copies of death certificates and they cost $10 per copy. You can request them online, by mail… or in person in our office.” Current Appeal In his appeal petition, Mr. Ferretti argued, “…vital records are public records under the PRL.” Burden of Specificity Under the Public Records Law, the burden shall be on the custodian to establish the applicability of an exemption to withhold or redact public records. In this case, the Town withheld the records without claiming any exemption(s) in the Public Records Law that would support the withholding of the responsive 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”). See also Globe Newspaper Co.v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Mr. Ferretti 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. Ferretti may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Alec Ferretti