Hanlon, Neil v. Bedford, Town of - Police Department (SPR 20260100)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 23, 2026 SPR26/0100 Scott Jones Records Access Officer Bedford Police Department 2 Mudge Way Bedford, MA 01730 Dear Mr. 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: [i] The effects of environmental obstructions (e.g., trees, hills, signage, vehicles) on radar or lidar accuracy[;] [ii] Procedures for ensuring valid target acquisition in multi-vehicle 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

Scott Jones SPR26/0100 Page 2 January 23, 2026 situations[;] [iii] Proper positioning of radar/lidar equipment relative to expected vehicle movement[;] [iv] Known sources of radar/lidar interference and how to detect or avoid them[; and] [v] 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: [i] Dates, times, and locations of any traffic stops performed in the past 12 month [;] [ii] Citation numbers, violation types, and outcomes (e.g., verbal warning, citation issued)[; and] [iii] 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[;]

Scott Jones SPR26/0100 Page 3 January 23, 2026 [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[.] Previous Appeals The requested records were the subject of previous appeals. See SPR25/2786 Determination of the Supervisor of Records (September 29, 2025) and SPR25/3131 Determination of the Supervisor of Records (November 7, 2025). In my November 7th determination, I found 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 responded on November 24, 2025 and November 26, 2025. Unsatisfied with the Department’s responses, Mr. Hanlon petitioned this office and this appeal, SPR26/0100, 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).

Scott Jones SPR26/0100 Page 4 January 23, 2026 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 Department’s November 24th and November 26th Responses On November 24, 2025, the Department stated: Item 2. The additional requested records are not within the department’s possession, custody, or control. Additionally, the department is being requested to create a record that is not in its possession, custody or control[.] Item 5. No records on file[.] Item 6. The Department respectfully requests additional time to search for these particular records and will submit them once received[.] Item 7. Is attached in this email[.] Item 9. The department is being requested to create a record that is not in its possession, custody or control[.] On November 26, 2025, the Department stated: Item 6. The Department is unable to locate any files/records pertaining to the radar units[.] Current Appeal In his appeal petition, Mr. Hanlon contends that November 21 and November 24, 2025, those responses do not provide the clarification ordered and, in several instances, consist solely of conclusory statements. In particular:

Scott Jones SPR26/0100 Page 5 January 23, 2026 Item 2 (Training materials): The Department stated that responsive records are not within its possession, custody, or control and asserted that it is being asked to create a record. The response does not clarify whether any training or certification records exist, where such records would ordinarily be maintained, whether the Department ever possessed copies, or how officer qualifications are verified. Item 5 (Personnel information): The Department stated “no records on file” for basic employment information such as hire date, rank, and employment history. The response does not clarify whether such records exist but are withheld, were destroyed, are maintained elsewhere, or were never created. Item 6: The Department initially requested additional time to search for records, but subsequently stated it was unable to locate any files or records, without describing the scope of the search conducted. Records in Existence 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In accordance with the Public Records Law, 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). In this case, based on the Department’s responses, and the information provided in the requestor’s appeal petition, it is unclear whether the Department possesses “[a]ny training materials, lesson plans, presentations, or policy guidance [regarding radar/lidar devices],” “[o]fficer [p]ersonnel and [c]omplaint [h]istory,” or “[e]quipment [p]rocurement and [o]versight” records. If the Department does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). 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 further appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Scott Jones SPR26/0100 Page 6 January 23, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Neil Hanlon