Joyce Rowley v. New Bedford, City of - Clerk's Office (SPR 20231198)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 20, 2023 SPR23/1198 Nicholas DeMarco, Esq. Associate City Solicitor City of New Bedford 133 William Street New Bedford, MA 02740 Dear Attorney DeMarco: I have received the petition of Joyce Rowley appealing the response of the City of New Bedford (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Originally, on April 11, 2023, Ms. Rowley requested records, and was provided with records responsive to her Request Number 3 for: “[a]ny and all financial records for transfer of funds, payments and remuneration by the Buttonwood Park Zoological Society to the [City] for the period January 1, 2023 to the time of fulfillment.” In its May 17th response, the City also advised Ms. Rowley that neither the Zoo nor any other department in the City is in possession of any other responsive documentation to the Request Number 3. On May 18, 2023, Ms. Rowley sent the City a new request: [1] A copy of the vendor contract for vendor 914, Buttonwood Park Zoological Society (BPZS); pursuant to 950 C.M.R. 32.04(5)(b), I am also requesting assistance from the RAO for the document(s) in question in identification of any other related vendor documents such as copies of checks, and/or documents by the BPZS that indicate how much money was transferred by the BPZS that indicate how much money was transferred by the BPZS and into what account to which the funds were transferred; and [2] A list of current Buttonwood Park Zoo [employees], their titles and salaries. On June 2, 2023, the City provided a response to Ms. Rowley’s May 18th request. The June 2nd response indicates, “[t]he Zoo and the City are writing to inform you that due to the difficulty of your request, they will be providing you with a response within twenty-five [25] business days from receipt of your request (June 26, 2023).” As a result of the City’s response, on June 5, 2023, Ms. Rowley petitioned the Supervisor of Records (Supervisor), and this appeal was opened. 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

Nicholas DeMarco, Esq. SPR23/1198 Page 2 June 20, 2023 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) (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…”); 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). 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. Current appeal In her petition, Ms. Rowley objects to the City not providing the records within ten (10) business, and informing her that it would need 25 business days, approximately on June 26, 2023. Timeliness of response In its June 2, 2023 response to Ms. Rowley, the City stated, “[t]he Zoo and the City are writing to inform you that due to the difficulty of your request, they will be providing you with a response within twenty-five business days from receipt for your request (June 26, 2023).” Based on the June 2nd response, Ms. Rowley is advised, the City has indicated that they intend to provide a response within the allowed statutory timeframe. See G. L. c. 66, § 10(b)(vi) (records access officer may identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein). In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. See G. L. c. 66, § 10A(a).

Nicholas DeMarco, Esq. SPR23/1198 Page 3 June 20, 2023 Given that no violation of G. L. c. 66, § 10 has been asserted by Ms. Rowley in the appeal petition, I am unable to issue a determination at this time. Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Joyce Rowley