Gonsalves, Jason v. New Bedford, City of - Office of The City Solicitor (SPR 20261402)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 28, 2026 SPR26/1402 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 Jason Gonsalves 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 March 9, 2026, Mr. Gonsalves requested “the following records relating to the property located at Clark’s Cove Leasing and Storage LLC d/b/a The Kilburn Mill . . . West Rodney French Boulevard, New Bedford, Massachusetts[:]” [1] Any inspection reports, violation notices, or inspection records related to demolition, electrical, plumbing, fire safety or building work at the property from March 9, 2023 to present[;] [2] The names and license numbers of electricians and their apprentices on file for work performed at the property during that same time period[;] [3] Any permits issued for electrical, plumbing, fire safety, HVAC, demolition, or structural work at the property[;] [4] Any email correspondence or written communication between city inspectors and the property owner, property management, or their representatives regarding inspections, permits, or work performed at the property from March 9, 2023 to present. Previous Appeal This request was the subject of a previous appeal. See SPR26/1356 Determination of the Supervisor of Records (April 15, 2026). In my April 15th determination, I closed SPR26/1356 in light of the City providing a response on April 13, 2026. Unsatisfied with the City’s response, Mr. Gonsalves petitioned this office, and this appeal, SPR26/1402, was opened as a result. 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. SPR26/1402 Page 2 April 28, 2026 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 April 13th Response In its April 13, 2026 response, the City indicated that it “[completed] a search of its records” and “identified [approximately 20 pages of] records matching the specifications provided in [the] request[,]” which it provided to Mr. Gonsalves in an email attachment. Current Appeal In his April 14, 2026 appeal petition, Mr. Gonsalves states, “it appears the response includes permit records only and does not address the full scope of records requested.” Specifically, Mr. Gonsalves contends that “key portions of the request remain outstanding” and explains that the outstanding records include “[i]nspection reports and violation records[,]” “[n]ames and license numbers of electricians and apprentices[,]” “[c]ommunications between City personnel and building management[,]” [c]larification and/or correction of Permit E-23- 925[,]” “[p]ermits associated with the December 2023 mini-split installation[,]” and “[a]ny permit associated with the exterior subpanel installation[.]” Modified Request It is my understanding that following the City’s April 13, 2026 response, Mr. Gonsalves modified the scope of his request in correspondence received by the City on April 14, 2026. Specifically, his modified April 14, 2026 request sought the following: I respectfully submit this . . . request for records relating to the property located at: Clark’s Cove Leasing and Storage LLC d/h/a. The Kilburn Mill . . . West

Katherine Schuko, Esq. SPR26/1402 Page 3 April 28, 2026 Rodney French Boulevard, New Bedford, Massachusetts[.] This request . . . includes records related to specific units or areas within the building, including but not limited to the “yoga studio” (Permit No. E-23-925) and any unit identified as 53-5 or S3-5. . . . Specifically, I request: [1] Any and all inspection reports, inspection records, approvals, deficiencies, findings, and violation notices related to any work performed at the property from March 9, 2023 to present, including but limited to demolition, electrical plumbing, fire safety, HVAC, structural, or building work[;] [2] Any and all inspection reports, findings, approvals, deficiencies, or violation notices associated with any building permits issued for the property[;] [3] Any and all inspection reports, findings, approvals, deficiencies, or violation notices associated with any Certificate(s) of Occupancy issued for the premises, including any temporary, amended, or unit-specific certificates[;] [4] Any and all building permits and other permits issued for work at the property, including but not limited to electrical, plumbing, fire safety, HVAC, demolition, and structural permits, including any permits associated with specific units or areas within the building[;] [5] Any and all Certificate(s) of Occupancy issued for the premises, including any temporary, amended, or unit-specific certificates[;] [6] The names and license numbers of any and all electricians and their apprentices on file for work performed at the property during that same time period[;] [7] Any and all email correspondence or written communication between City inspectors and the property owner, property management, or their representatives regarding building permits, Certificates of Occupancy, inspections, violations, or any work performed at the property from March 9, 2023 to present[;] [8] Any records, documents, or communications specifically related to the yoga studio and/or any unit identified as 53-5 or S3-5, including permits, inspections, violations, and work performed in those areas[;] [9] Any and all permit applications submitted for work at the property, including any supporting documentation and contractor identification[.] Conclusion Given the modifications to Mr. Gonsalves’ original request, I find it unnecessary to address the issues raised in his appeal at this time. This office encourages Mr. Gonsalves and the City to continue to communicate directly in order to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce the records sought more efficiently and affordably).

Katherine Schuko, Esq. SPR26/1402 Page 4 April 28, 2026 Accordingly, the City is ordered to provide Mr. Gonsalves with a response to his modified April 14, 2026 request in a manner consistent with the Public Records Law and its Regulations within ten 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. If issues remain unresolved, Mr. Gonsalves may appeal the substantive nature of the City’s response to his modified request within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jason Gonsalves