Ferretti, Alec v. New Bedford Solicitor’s Office (SPR 20260164)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 27, 2026 SPR26/0164 Katherine Schuko, Esq. Assistant City Solicitor City of New Bedford 133 William Street New Bedford, MA 02740 Dear Attorney Schuko: On January 16, 2026, this office received your petition on behalf of the City of New Bedford 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, I understand that the City furnished a copy of this 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 20 May 2009.” Later on August 27, 2025, Mr. Ferretti clarified that his request was for “an uncertified copy of the document, not a certified copy.” Previous Appeals This request was the subject of previous appeals and a subsequent reconsideration. See SPR25/2565 Determination of the Supervisor of Records (September 11, 2025); SPR25/2811 Determinations of the Supervisor of Records (October 2, 2025 and November 4, 2025); SPR25/3437 Determination of the Supervisor of Records (December 4, 2025); and SPR25/3732 Determination of the Supervisor of Records (December 31, 2025). In my December 31st determination, I found that the City had not met its burden to withhold the responsive record under Exemption (a) of the Public Records Law. Subsequently, the City petitioned this office on January 15, 2026, seeking an extension of time. 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: 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

Katherine Schuko, Esq. SPR26/0164 Page 2 January 27, 2026 (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (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) shall provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 32.06(4)(b). Current Petition In its petition, the City requests an extension of 30 business days and provides the following information in support of its request: The City has timely responded to Mr. Ferretti’s request and appeals. The City has identified the grounds for the asserted withholdings in accordance with Massachusetts Public Records Law. In the City’s most recent response, SPR 25/3437, the City attempted to request additional time directly from the requestor first by proposing a reasonable time frame of at least three months and explained why additional time was required. As stated in the requestor’s appeal, he did not necessarily oppose the request for more time but, appealed the substance of the City’s response. As reflected in the recent public record appeals involving cities and towns across the Commonwealth concerning “uncertified” vital records: uncertified vital records have not historically been issued by municipal clerks. The City has contacted the Registry to inquire whether there are any security and antifraud measures that would need to be applied to “uncertified” vital records prior to disclosure. Implementing such measures would be consistent with G.L. c. 46 and its purpose to ensure the security and proper use of vital records. The City is

Katherine Schuko, Esq. SPR26/0164 Page 3 January 27, 2026 currently waiting for the Registry to respond, and at this time it is unknown how long a response will take or, how long it will take for the City Clerk to implement any guidance or suggestions that the Registry may have. The requested extension will allow for more time for said guidance to be received. Additionally, another factor to consider is that the requested record is not intended for the broad dissemination of information to the public about actual or alleged government activity. Rather, this information is regarding a private citizen. I find that in light of the capacity of the City to produce the record without an extension, and the efforts undertaken by the City in fulfilling the current and previous requests, the City has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The City is granted an extension of 30 business days. Conclusion As described above, I find that the City has established good cause for a time extension of 30 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