Duarte, Ryan v. New Bedford, City of - Office of The City Solicitor (SPR 20261098)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 3, 2026 SPR26/1098 Katherine Schuko, Esq. Assistant City Solicitor City of New Bedford 133 William Street New Bedford, MA 02740 Dear Attorney Schuko: I have received the petition of Ryan Duarte 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 November 26, 2025, Mr. Duarte requested the following: . . . The official narrative and supplemental reports [concerning an identified August 25, 2015 incident] list the following sworn [New Bedford Police Department] officers as involved: . . . [1] [An identified] Officer . . . - primary narrative author[;] [2] [An identified] Officer . . . - stop, detention, suspect designation[;] [3] [An identified] Officer . . . - Use of Force Report[;] [4] [An identified] Officer . . . - vehicle search / observations[;] [5] [An identified] Officer . . . - vehicle observations[;] [6] [An identified] Lt. . . . (referenced in related filings)[;] [7] [An identified] Officer . . . (involved in related dispatch and Fl reports)[;] [8] Any officer listed in CAD logs, PT-1 transport logs, or supplemental reports for [an identified incident number][.] . . . For each of the above officers, I request certified copies (or electronic copies) of the following: [1] Surety Bond / Official Documentation [a] Any surety bond, fidelity bond, blanket bond, liability bond, or insurance instrument required as a condition of holding office or employment; [b] The issuing carrier/company, bond number, amount, coverage 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. SPR26/1098 Page 2 April 3, 2026 summary, and effective dates; [c] Proof of filing of the bond with the City Clerk per M.G.L. c. 41[;] [2] Sworn Oath of Office [a] The officer’s signed and executed oath of office pursuant to M.G.L. c. 41, §18 and any related filing or certification documents; [b] Date sworn, administering official, and copy of the recorded oath; [c] Name/title of the administering authority[;] [d] Filing certification (City Clerk or NBPD)[;] [3] Filing Certifications [a] The record custodian confirming where the oath and bond are legally filed and maintained[;] [b] Any change of status, suspensions, or lapse periods . . .[;] [4] Disciplinary Records / Internal Affairs Files . . . [a] All sustained, unsustained, pending, not sustained, exonerated, or unfounded disciplinary complaints[;] [b] All citizen complaints, internal complaints, and administrative investigations[;] [c] Any disciplinary actions, reprimands, suspensions, counseling memos, or findings[;] [d] Any Professional Standards Division investigative reports[;] [e] Any Brady/Giglio disclosures or credibility-related findings[;] This request includes, but is not limited to, files maintained under: Internal Affairs/ Professional Standards[,] Early Warning Systems[,] Supervisor Reviews[,] Complaint Registers[,] Disciplinary Notifications to POST Commission (M.G.L. c. 6E)[,] [and] Any documents submitted to or received from the Massachusetts POST Commission regarding these officers[;] [5] Training & Certification. . . [a] POST certification status[;] [b] Use-of-force training records[;] [c] Any decertifications, suspensions, or pending matters . . .[.] Subsequently, on February 9, 2026, Mr. Duarte modified his request to seek the following records pertaining to an identified officer: [1] Any sworn oath or affirmation of office executed by the above-named individual, including but not limited to any oath evidencing compliance with Article VI of the Massachusetts Constitution or applicable statute; [2] Any surety bond, fidelity bond, or blanket bond coverage documentation applicable to the above-named individual in their official capacity; or

Katherine Schuko, Esq. SPR26/1098 Page 3 April 3, 2026 [3] If no such oath and/or bond exists, a written certification of non-existence identifying: - Whether the individual is classified as an officer, employee, or agent; and - The legal basis (statute, ordinance, charter provision, or policy) for any claimed exemption from oath and/or bonding requirements. Previous Appeals This request was the subject of previous appeals. See SPR25/3776 Determination of the Supervisor of Records (January 8, 2026); SPR26/0252 Determination of the Supervisor of Records (February 9, 2026); and SPR26/0701 Determination of the Supervisor of Records (March 11, 2026). In my March 11th determination, I ordered the City to clarify whether it possesses any additional records responsive to Mr. Duarte’s modified request. The City responded on March 25, 2026. Unsatisfied with the City’s response, Mr. Duarte petitioned this office and this appeal, SPR26/1098, 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. 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 City’s March 25th Response In its March 25, 2026 response the City provided Mr. Duarte with an additional responsive record and stated: As stated in the City’s response of February 27, 2026, the City does not have any bond documents responsive to the specifications provided in your request. After confirming with the keeper of records, the City’s response of February 27, 2026,

Katherine Schuko, Esq. SPR26/1098 Page 4 April 3, 2026 provides the records identified as responsive to the specifications provided in your request. The keeper of records has identified one additional record that I have enclosed herewith. Current Appeal In his appeal petition, Mr. Duarte stated, “…the central question identified in your determination – whether responsive records exist – remains unresolved… This ambiguity prevents meaningful closure of the request and frustrates the purpose of G. L. c. 66, §10.” No Duty to Create Records Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Further, 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). Conclusion Given that the City has confirmed that it possesses no additional records responsive to Mr. Duarte’s modified request other than the records already provided, and this office has no authority to compel the City to create records, I will consider this administrative appeal closed. If Mr. Duarte 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. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Ryan Duarte