Ferretti, Alec v. Arlington, Town of - Clerk's Office (SPR 20260365)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 12, 2026 SPR26/0365 Christine Bongiorno Deputy Town Manager – Operations Town of Arlington 730 Massachusetts Avenue Arlington, MA 02476 Dear Ms. Bongiorno: 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. Previous Appeals This request was the subject of previous appeals. See SPR25/2648 Determination of the Supervisor of Records (September 15, 2025); SPR25/3242 Determination of the Supervisor of Records (November 17, 2025); SPR25/3495 Determination of the Supervisor of Records (December 10, 2025); and SPR25/3814 Determination of the Supervisor of Records (January 12, 2026). In my January 12th 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 January 21, 2026. Unsatisfied with the Town’s response, Mr. Ferretti petitioned this office and this appeal, SPR26/0365, 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).

Christine Bongiorno SPR26/0365 Page 2 February 12, 2026 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 January 21st Response In its January 21, 2026 response, the Town reiterated its previous responses, which cited G. L. c. 46, as the statutory scheme operateing through Exemption (a) of the Public Records Law, to withhold the responsive records. In addition, the Town argued that it “consistently provided clear legal rationale that the PRL does not govern the disclosure of vital records in each of its previous responses.” Current Appeal In his appeal petition, Mr. Ferretti stated, “[w]hile the town has in fact responded, and they seemingly seek a resolution in good faith, they have provided no new rationale to deny my [request] and have not provided the records either.” Referred to the Office of the Attorney General The subject matter and the issues raised in Mr. Ferretti’s appeal, as well as the Town’s responses, are similar to those addressed in SPR25/2684 Determination of the Supervisor of Records (September 23, 2025) and SPR25/2814 Determination of the Supervisor of Records (October 2, 2025). Please note that on January 21, 2026, I referred these matters to the Office of the Attorney General (AGO) for enforcement. In light of this referral sent to the AGO, I decline to provide a determination as to the public status of the requested records at this time pending a resolution to the AGO’s review. See 950 C.M.R. 32.08(2)(b). Conclusion Accordingly, I will now consider this administrative appeal closed. If Mr. Ferretti is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies).

Christine Bongiorno SPR26/0365 Page 3 February 12, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Alec Ferretti Jaclyn Munson, Esq.