Hanlon, Neil v. Somerville, City of - Police Department (SPR 20260098)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 23, 2026 SPR26/0098 Susan Tkaczuk Paralegal Somerville Police Department 220 Washington Street Somerville, MA 02143 Dear Ms. Tkaczuk: I have received the petition of Neil Hanlon appealing the response of the Somerville 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 November 10, 2025, Mr. Hanlon sought the following: [1] Copies of all records related to an incident involving a motor vehicle operator and cyclists during a protest or demonstration that occurred in Somerville, MA, on October 21, 2025, near . . . Broadway and the intersection of Broadway and Garfield Street. This request covers records created, received, or maintained between October 15 and 31, 2025, related to or referencing that even[;] [2] The incident involved [an identified individual], the operator of a motor vehicle, who drove into a group of protestors and cyclists, resulting in the destruction of a bicycle and allegations of assault… [3] This request includes, but is not limited to, the following records: [a] Incident and narrative reports: The initial police incident or offense report and any supplemental narratives (Form 1 or equivalent), including all officer observations, statements taken, and investigative actions[;] [b] Motor vehicle records: Any Massachusetts Motor Vehicle Crash Report(s) (RMV-3 or equivalent) associated with this incident, and any documentation related to the vehicle operator’s driving record, license status, or prior violations, including any active suspensions or restrictions at the time of the incident, and any queries or checks of the Registry of Motor Vehicles (RMV) database conducted by SPD personnel in connection with this incident[;] [c] Dispatch and communications logs: 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

Susan Tkaczuk SPR26/0098 Page 2 January 23, 2026 [i] Computer-aided dispatch (CAD) logs and call-for-service entries for this incident, including timestamps of unit assignments, arrivals, clear times, and dispositions[;] [ii] Any radio traffic recordings or transcripts related to officer communications at the scene, including communications with supervisors, dispatchers, or other agencies[;] [iii] CAD logs and radio traffic are typically not subject to investigatory exemptions and should be produced promptly[;] [d] Video and photographic evidence: [i] Any body-worn camera and in-car dash camera video captured by responding officers, including pre-event and post-event buffers if retained by policy[;] [ii] Any photographs, third-party video collected from witnesses or bystanders, and evidence logs related to this incident[;] [iii] For video records, please include native file formats with embedded metadata (timestamps, GPS, officer ID) and any associated logs or export reports[;] [e] Citations, charges, and prosecutorial communications: [i] Any citations, complaints, summonses, or charging documents issued in connection with this incident, including any materials referring to or naming [an identified individuals] or any other individual present[;] [ii] Any written or electronic communications between SPD personnel and the Middlesex District Attorney’s Office related to charging decisions, case intake, prosecutorial review, declinations, or recommendations regarding any party involved in this incident[;] [f] Use of force and officer conduct records: [i] Any field interview notes, forms, or similar records referencing participants, including cyclists, protestors, or witnesses present, to the extent not exempt[;] [ii] Any witness statements, contact information logs, or investigative notes related to individuals at the scene[;] [g] Internal reviews and policy compliance: [a]ny records reflecting supervisory review of the incident, including reviews of officer decision- making, adherence to departmental policies on protests, crowd control, or traffic enforcement, and any determinations regarding whether departmental policies or procedures were followed and any notifications to or involvement of command staff, the Chief of Police, or the Mayor’s office[;] [h] Evidence and property records: [a]ny evidence collection logs, chain- of-custody documentation, or property receipts related to the bicycle, vehicle damage, or any other physical evidence collected or documented at the scene.

Susan Tkaczuk SPR26/0098 Page 3 January 23, 2026 The Department responded on December 15, 2025. Unsatisfied with the response, Mr. Hanlon petitioned this office and this appeal, SPR26/0098, was opened as a result. Subsequently, the Department provided an additional response on January 14, 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. See 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 December 15th Response In its December 15, 2025 response, the Department stated, “[r]ecords has received your request. Please be advised that by Law Records has 10 business days to honor that request.” Current Appeal In his January 9, 2026 petition to this office, Mr. Hanlon stated, “[d]espite acknowledgement of the request, the Department has not provided responsive records, a lawful extension request, a fee estimate, or a written denial citing specific exemptions…” On January 14, 2026, in an email to this office, the Department stated, “[t]he City of Somerville intends to respond to Mr. Hanlon’s request as soon as possible….At this time, the City is compiling the records requested and intends to provide all responsive records not privileged, confidential or exempt from disclosure under applicable laws…” Timeframe for Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of a request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or

Susan Tkaczuk SPR26/0098 Page 4 January 23, 2026 municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that . . . 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. G. L. c. 66, § 10(b)(vi). Where Mr. Hanlon submitted his request on November 10, 2025, and the Department has not provided responsive records, I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the Department must provide an estimated date as to when it intends to provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Department must provide responsive records on a rolling basis. 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 (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. Mr. Hanlon may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Neil Hanlon