Manlapaz, Myles v. Brockton, City of - Police Department (SPR 20260114)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 27, 2026 SPR26/0114 Lieutenant Victor Perez Records Access Officer Brockton Police Department 7 Commercial Street Brockton, MA 02302 Dear Lieutenant Perez: I have received the petition of Myles H. Manlapaz, Esq., of Jellison and Nathanson, LLP, appealing the response of the Brockton 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 20, 2025, Attorney Manlapaz requested the following: [1] All reports retaining to [an identified Sergeant] or K-9 Kilo from October 5- 10, 2025[;] [2] All records pertaining to [an identified individual] from 2015 to present[;] [3] All records pertaining to [an identified individual] from 2011 to present[;] [4] All records pertaining to [an identified individual] from 2012 to present[;] [5] All records pertaining to [an identified individual] from 2014 to present[;] [6] All records pertaining to [an identified individual] from 2018 to present[;] [7] All records pertaining to [an identified individual][;] [8] [An identified address][;] [9] All internal affairs records for [four identified police officers]. This request includes complaints, notes, interviews, and other materials[;] [10] A list of all members of the Special Reaction Team from 2010 to present. The Department responded on November 24, 2025. Unsatisfied with the response, Attorney Manlapaz petitioned this office and this appeal, SPR26/0114, 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 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 Victor Perez SPR26/0114 Page 2 January 27, 2026 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 November 24th Response In its November 24, 2025 response, the Department stated, “[p]lease provide the type of incident [an identified individual] was involved in.” Current Appeal In his January 12, 2026 petition to this office, Attorney Manlapaz stated, “[o]n November 24, 2025, the Department called me and said that most of the records would be exempt. A brief phone call and e-mail exchange followed in which I provided clarification about my request. I have not received any records. The Department has not claimed that any specific exemptions apply. Items 2-7 in the request involve people who have publicly sued the Department or its police officers.” 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 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).

Lieutenant Victor Perez SPR26/0114 Page 3 January 27, 2026 Where Attorney Manlapaz submitted his request on November 20, 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 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 Attorney Manlapaz 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. Attorney Manlapaz 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: Myles H. Manlapaz, Esq.