Alec Ferretti v. Reading, Town of - Town Clerk (SPR 20252996)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 15, 2025 SPR25/2996 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].” Previous Appeals This request was the subject of previous appeals. See SPR25/2553 Determination of the Supervisor of Records (September 9, 2025) and SPR25/2673 Determination of the Supervisor of Records (September 23, 2025). In my September 23rd determination, I found that the Town had not met its burden to withhold the responsive records under Exemption (a) of the Public Records Law. The Town responded on October 7, 2025. Unsatisfied with the Town’s response, Mr. Ferretti petitioned this office and this appeal, SPR25/2996, 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 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 SPR25/2996 Page 2 October 15, 2025 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 Town’s October 7th Response In its October 7, 2025 response, the Town provided Mr. Ferretti with two documents that appear to be transcriptions of information from the responsive birth certificates. Current Appeal In his appeal petition, Mr. Ferretti stated: The town did not produce a record that already existed, instead they created a new record. The requested documents were created in 1930 and 1932, and are likely handwritten, or at best, typewritten. They would not be modern computer printouts. In fact, these two newly-generated records appear to provide citations to the original records… which would be responsive to my request. The original records may have more information than these transcripts, and they have less possibility for error, as when the transcripts were made, things could have been copied incorrectly. Based on the Town’s response and the information provided in the appeal petition, it is unclear whether the Town possesses the records responsive to Mr. Ferretti’s request. 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 of records at the time of the request. See G. L. c. 66, § 10(a)(ii). To the extent that the referenced records exist, I find the Town must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). 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).

Laura A. Gemme SPR25/2996 Page 3 October 15, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Alec Ferretti