Rowley, Joyce v. New Bedford, City of - Office of The City Solicitor (SPR 20260456)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 19, 2026 SPR26/0456 Katherine Schuko, Esq. Associate City Solicitor City of New Bedford 133 William Street, Room 203 New Bedford, MA 02740 Dear Attorney Schuko: 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). On January 15, 2026, Ms. Rowley requested the following for the period beginning on December 1, 2025: [1] Clinical records for Asian elephant Emily[;] [2] Records of injury and or incidents to Emily or keepers[;] [3] Laboratory results and/or reports for bloodwork, cultures, or other tests performed on Emily[;] [4] Keeper’s Daily Logs for Emily[;] [5] Radiographs performed on Emily and any reports or readings by a veterinary radiologist of same[;] [6] [R]adiological report for the radiographs of Emily’s front feet taken in October 2025[;] [7] Asian elephant consultant reports or assessments[;] [8] Quality of Life (QOL) Assessments and meeting minutes of QOL meetings for Emily[;] [9] Zoo transactions including births, deaths, transfers, and information on the age, sex, and ID number of the specimens, as well as the name of the receiving or donating facility[;] [10] U.S.D.A. APHIS Animal Care inspection reports[;] [11] Any and all agreements, including lease-purchase agreements, between the City and the Buttonwood Park Zoological Society[;] [12] Staffing for permanent full-time employees at the Buttonwood Park Zoo for the period January 1, 2025 to present[;] [13] Staffing for permanent full-time Buttonwood Park Zoological Society 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. SPR26/0456 Page 2 February 19, 2026 employees at the Buttonwood Park Zoo for the period January 1, 2025 to present. The City provided a response on January 29, 2026. Unsatisfied with the City’s response, Ms. Rowley petitioned this office and this appeal, SPR26/0456, 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). 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. Att’y 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 City’s January 29th Response In its January 29, 2026 response, the City stated, “[a]fter completing a search of its records, the City has identified the enclosed records matching the specifications provided in your request. . .The City does not have any responsive records to item numbers 2, 7, 8, 10, 11, and 13 of your request.” Current Appeal In her January 30, 2026 petition to this office, Ms. Rowley stated, “…the City’s January 29, 2026 response to my January 15, 2026 request failed to produce the records in question. Nor did it fill in the gap of records between November 1 through December 1, 2025, nor those ‘not previously provided,’ nor did the City identify the missing records as redacted. No records were provided before December 1, 2025, and the October 2025 radiological report was omitted [sic].” Based on Ms. Rowley’s petition and the City’s response, it is unclear whether the City possesses records responsive to Items 2, 7-8, 10-11, and 13. 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). Consequently, the City must clarify whether it possesses records responsive to Items 2, 7-8, 10-11, and 13.

Katherine Schuko, Esq. SPR26/0456 Page 3 February 19, 2026 Conclusion Accordingly, the City is ordered to provide Ms. Rowley 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. Ms. Rowley may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Joyce Rowley