Alec Ferretti v. Reading, Town of - Town Clerk (SPR 20253180)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 12, 2025 SPR25/3180 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); SPR25/2673 Determination of the Supervisor of Records (September 23, 2025); and SPR25/2996 Determination of the Supervisor of Records (October 15, 2025). In my October 15th determination, I found it was unclear whether the Town possesses the records responsive to Mr. Ferretti’s request and ordered it to provide the responsive records or identify an exemption that applies to withhold them from disclosure. The Town responded on October 28, 2025. Unsatisfied with the Town’s response, Mr. Ferretti petitioned this office and this appeal, SPR25/3180, 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). 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 SPR25/3180 Page 2 November 12, 2025 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. The Town’s October 28th Response In its October 28, 2025 response, the Town stated: I have provided the same document that I would have provided to anyone requesting a certified copy of a birth record minus my signature and wording making it a certified copy. I cannot provide a “Scanned Copy” without causing damage to the records… the State Department of Health does not provide scanned copies of Vital Records, they will only provide Certified Copies as listed on the Website. Current Appeal In his appeal petition, Mr. Ferretti stated, “[t]he town was ordered to either produce the records or cite an exemption. Their response does neither… That the Registry has instructed towns to refuse to provide scans of long-form records does not obviate any town’s obligations under the Public Records Law.” Based on the Town’s response and the information provided in the appeal petition, it is unclear whether the Town is able to provide Mr. Ferretti with the records responsive to his request. The Town is reminded that 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). 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, it appears 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.

Laura A. Gemme SPR25/3180 Page 3 November 12, 2025 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