Hanlon, Neil v. Bedford, Town of - Police Department (SPR 20260101)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 23, 2026 SPR26/0101 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 October 27, 2025, Mr. Hanlon requested “copies of all records created, sent, received or maintained by the Bedford Police Department between July 14, 2025 and the date this request is processed that reference or relate to my public records request submitted July 14, 2025, or to the related appeal (SPR25/2786).” Specifically, Mr. Hanlon sought the following: [1] Emails, memoranda, notes, or other communications among department personnel and with town counsel, the Town Manager’s office, or other town officials discussing my request, the department’s response strategy, or the related appeal. [2] Communications addressing when or whether to respond to my request, assignment of the request to personnel, decisions about which records to provide or withhold, or discussions about complying with the Supervisor of Records’ September 29, 2025 determination. [3] Internal drafts, transmittal forms, logs, tracking worksheets, tasking notes, or other work product related to the identification, review, redaction, or delivery of responsive records. [4] Correspondence with the Public Records Division, including [an identified individual] and staff, regarding my request or appeal. [5] Calendar entries, meeting invitations, meeting notes, or memoranda reflecting discussions of my request or the department’s response obligations. 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 SPR26/0101 Page 2 January 23, 2026 [6] Any other records that reference or relate to the handling, review, or discussion of my July 14, 2025 request or subsequent appeal, including items not specifically listed above. The Department responded on November 21, 2025. Unsatisfied with the Department’s response, Mr. Hanlon petitioned this office and this appeal, SPR26/0101, 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 Department’s November 21st Response On November 21, 2025, the Department stated, “Mr. Hanlon- Your request has been received and we appreciate your patience.” Current Appeal In his appeal petition, Mr. Hanlon contends, “[t]he request seeks records relating to the handling of my July 14, 2025 public records request and the associated appeal (SPR25/2786). Despite multiple follow-ups, the Department has not provided responsive records, a timeline for production, or a fee estimate as required by M.G.L. c. 66, § 10.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the 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

Scott Jones SPR26/0101 Page 3 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 an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and 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 October 27, 2025, and the Department has not provided responsive records, nor cited an exemption for withholding 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 complete the search and 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 further appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Neil Hanlon