Alec Ferretti v. Belmont, Town of - Town Clerk (SPR 20253033)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 23, 2025 SPR25/3033 Ellen O’Brien Cushman Town Clerk Town of Belmont 455 Concord Avenue Belmont, MA 02478 Dear Ms. Cushman: On October 16, 2025, this office received the petition of Paul M. Kominers, Esq., of Anderson & Kreiger, on behalf of the Town of Belmont (Town) seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Town furnished a copy of the petition to the requestor, Alec Ferretti. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On August 27, 2025, Mr. Ferretti requested, “…a scan of the death certificate of [an identified individual], who died Sep 1, 1987.” It is my understanding that this request was assigned the reference number 25-1181 by the Town. Prior Appeal This request was the subject of a prior appeal. See SPR25/2814 Determination of the Supervisor of Records (October 15, 2025). In my October 15th determination, I found that the Town had not met its burden to withhold the responsive record under Exemption (a) of the Public Records Law. Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; 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

Ellen O’Brien Cushman SPR25/3033 Page 2 October 23, 2025 (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its petition, the Town requests an extension of twenty business days and provides the following in support of its request: As reflected in the recent flurry of public records appeals concerning “uncertified” vital records, uncertified vital records have not traditionally been issued by municipal clerks. Belmont’s Town Clerk has contacted the Registry of Vital Records and Statistics (“Registry”) to inquire about whether there are any security and anti-fraud measures that can be applied to “uncertified” vital records prior to disclosure. Implementing such measures would be consistent with the overarching purpose of G.L. c. 46 to ensure the security and proper use of vital records without undermining the availability of such records pursuant to the Public Records Law. She is currently waiting for the Registry to respond. At this time, I do not know how long it will take the Registry to respond or for the Town Clerk to implement any suggestions they have. … . . . .The requested extension will allow more time for that conversation to take place before the Town must produce the requested records. In light of the need to collect, segregate and examine the records, as well as the capacity of the Town to produce the records without an extension, the Town has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Town is granted an extension of 20 business days.

Ellen O’Brien Cushman SPR25/3033 Page 3 October 23, 2025 Conclusion As described above, I find the Town has established good cause for a time extension of 20 business days. Please note, Mr. Ferretti has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, §§ 10(c), 10(d)(iv)(4), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Alec Ferretti Paul M. Kominers, Esq.