Chiza Rugwizangoga v. Bedford, Town of - Police Department (SPR 20253131)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 7, 2025 SPR25/3131 Scott Jones Detective Lieutenant Bedford Police Department 2 Mudge Way Bedford, MA 01730 Dear Lieutenant Jones: I have received the petition of Neil Hanlon appealing the response of the Bedford Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 14, 2025, Mr. Hanlon requested the following records “relating to a traffic stop conducted on 8 April 2025 near [an identified street address], which resulted in the issuance of Citation #324310AD:” 1. Citation and Officer Report Details [a] Complete incident report and officer narrative[;] [b] Any diagrams, sketches, or visual aids[;] [c] Estimated distance between officer and vehicle[;] [d] Basis for vehicle identification and stop[; and] [e] Any documents presented in court or attached to the citation file[.] 2. Radar/Lidar Device Records [a] Make, model, and serial number of the radar or lidar unit used[;] [b] Instruction manual or manufacturer specifications for the device[;] [c] Calibration logs from 30 days prior to and 7 days after 8 April 2025[;] [d] Maintenance records, including repairs, testing, or inspection [;] [e] Officer training and certification documents related to radar/lidar use[;] [f] Departmental policy or standard operating procedure (SOP) for radar/lidar deployment and speed enforcement[;] [g] Any training materials, lesson plans, presentations, or policy guidance provided to officers concerning: [1] The effects of environmental obstructions (e.g., trees, hills, signage, vehicles) on radar or lidar accuracy[;] 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

Lieutenant Scott Jones SPR25/3131 Page 2 November 7, 2025 [2] Procedures for ensuring valid target acquisition in multi-vehicle situations[;] [3] Proper positioning of radar/lidar equipment relative to expected vehicle movement[;] [4] Known sources of radar/lidar interference and how to detect or avoid them[; and] [5] Any specific documentation showing that the citing officer received instruction, acknowledgment, or testing on these topics. 3. Officer Assignment and Dispatch Logs [a] Officer duty roster or shift assignment log for the date of the citation[;] [b] Any relevant dispatch logs, CAD entries, or traffic enforcement logs for that shift[;] [c] A summary of traffic stops conducted by [an identified police officer], including: [1] Dates, times, and locations of any traffic stops performed in the past 12 month [;] [2] Citation numbers, violation types, and outcomes (e.g., verbal warning, citation issued)[; and] [3] Any departmental data or logs tracking officer-initiated traffic enforcement activity[;] [d] If this officer is not routinely assigned to patrol or traffic duty, I request any records that clarify their role or authority in conducting traffic stops. 4. Audio/Video Evidence [a] Any dashcam, body-worn camera, or audio recordings associated with this incident[.] 5. Officer Personnel and Complaint History (as permitted by law) [a] Dates of employment and current title/rank[;] [b] Any disciplinary actions or internal complaints relating to traffic enforcement[;] and [c] Any documented commendations or internal reviews related to traffic stops[.] 6. Equipment Procurement and Oversight [a] Purchase date, vendor, and procurement records for the radar/lidar device[; and] [b] Any federal or state grants or funding used for traffic enforcement Equipment[.] 7. Broader Departmental Policies [a] Department SOP or training materials for traffic stops, speed enforcement, and visual identification[;]

Lieutenant Scott Jones SPR25/3131 Page 3 November 7, 2025 [b] Internal guidance on estimation of speed and identification of violators in multi-vehicle contexts[; and] [c] Any policy or procedural guidance regarding evidence disclosure to defendants or the court in civil motor vehicle hearings[.] 8. Additional Relevant Records [a] Any logs, summary reports, or enforcement data showing speed enforcement zones or radar placements for 8 April 2025[;] [b] Any other documents, records, or communications reasonably related to Citation #324310AD or the traffic stop in question[; and] [c] Any records in the department’s possession, custody, or control that may constitute material, exculpatory, or evidentiary information used, reviewed, or referenced in the issuance, adjudication, or defense of this citation[.] 9. Use of Private Property for Enforcement [a] Any records indicating that the officer conducting the stop on 8 April 2025 was parked on or operating from private property[;] [b] Any agreements, letters of permission, MOUs, or standing authorization from the property owner of [an identified business address] allowing Bedford Police Department officers to use the premises for traffic enforcement or surveillance[; and] [c] Any departmental policy regarding the use of private property for enforcement activities, including requirements for consent or notification[.] Prior Appeal This request was the subject of a prior appeal. See SPR25/2786 Determination of the Supervisor of Records (September 29, 2025). In my September 29th determination, I found that the Department had not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). The Department responded on October 15, 2025. Unsatisfied with the Department’s response, Mr. Hanlon petitioned this office and this appeal, SPR25/3131, 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).

Lieutenant Scott Jones SPR25/3131 Page 4 November 7, 2025 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 Department’s October 15th Response In its October 15, 2025 response, the Department stated “[p]lease see the following responses to your records requests…All records have been provided in electronic format (thumb drive).” Item 1. Citation and Office Report Details Included is a copy of the citation (324310AD) and incident log (2025-54180). Item 2. Radar/Lindar Device Records [An identified police officer] was assigned to Traffic 1 on this date. The Mobile Radar Unit in that car is a Stalker Dual SL Serial Number DC- 110226. The Handheld is a Stalker II SDR Serial Number AS-007870. Included the most recent calibration records for both units. The instruction manuals we possess are marked “Proprietary – Copying and Reproducing Restricted.” These two units do not have any documented repairs, maintenance, testing or inspections other than calibration. Policies may be found on our department’s website: www.bedforma.gov. Training materials, lesson plans, presentations are controlled by Municipal Police Training Committee. Item 3. Officer Assignment and Dispatch Logs Included is the CAD entry for the motor vehicle stop.

Lieutenant Scott Jones SPR25/3131 Page 5 November 7, 2025 Included is the Shift Log by Dates (04/08/25). Included is 12 months of motor vehicle stops / outcomes conducted by [an identified police officer]. [An identified police officer] is a Patrol Shift Supervisor. Item 4. Audio/Video Evidence Included is Cruiser Dash Cam and Rear Seat Cam of Traffic 1. Included are the Police Radio transmissions. Item 5. Officer Personnel and Complaint History [No response provided] Item 6. Equipment Procurement and Oversight [No response provided] Item 7. Broader Departmental Policies Policies may be found on our department’s website: www.bedforma.gov. Item 8. Additional Relevant Records [No response provided] Item 9. Use of Private Property for Enforcement [No response provided] Current Appeal In his appeal, Mr. Hanlon states he is appealing the Department’s response to Items 2, 5, 6, 7, and 9 of his request. Mr. Hanlon states, “I am filing this substantive appeal regarding the Bedford Police Department’s inadequate response to my public records request… On October 15, 2025 at 09:31 ET, I filed a non-compliance report with your office. That evening at 17:49 ET, [the Department] provided a partial response with some records on a thumb drive and a generic list of exemptions.” Regarding Item 2, specifically the “instruction manual or manufacturer specifications for the device” the Department stated “[t]he instruction manuals we possess are marked ‘Proprietary - Copying and Reproducing Restricted.’” Regarding the training materials, the Department

Lieutenant Scott Jones SPR25/3131 Page 6 November 7, 2025 stated, “[t]raining materials, lesson plans, presentations are controlled by Municipal Police Training Committee.” Regarding Items 5, 6, and 9, the Department has not provided responsive records. Based on Mr. Hanlon’s claims, in conjunction with the Department’s response, it is unclear if the Department possesses any records responsive to these Items of the request. 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). However, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the Department must clarify whether any responsive records exist. Finally, regarding Item 7, the Department stated “[p]olicies may be found on our department’s website: www.bedforma.gov.” Please be advised that it is permissible for the custodian of records to provide access to records via a link to a website. See G. L. c. 66, §6A(d) (“If the public record requested is available on a public website ... the records access officer may furnish the public record by providing reasonable assistance in locating the requested record on the public website.”); see also 950 C.M.R. 32.04 (5)(e) (“A records access officer shall ... to the extent feasible, furnish the public records by providing reasonable assistance in locating the records on an appropriately indexed and searchable public website”); 950 C.M.R. 32.07 (2)(a) (“A records access officer shall inform a requester of the availability of records online to avoid delays and fees associated with the provision of public records”). The Department’s response did not contain the specificity required in providing reasonable assistance in locating the requested records on the public website. The Department only provided the general web address for the Town of Bedford website. The Department did not identify the specific webpage location of the records sought. Accordingly, I find the Department has not met its burden in responding to this portion of the request. Conclusion Accordingly, the Department is ordered to provide Mr. Hanlon with a response to the request, provided in a manner consistent with this order, 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. Mr. Hanlon may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Lieutenant Scott Jones SPR25/3131 Page 7 November 7, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Neil Hanlon