Manlapaz, Myles v. Brockton, City of - Police Department (SPR 20260115)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 27, 2026 SPR26/0115 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 Manlapaz, Esq., of Jellison & 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 30, 2025, Attorney Manlapaz requested the following: [A]ll records and information relating to the pursuit and apprehension of a suspect on 10/5/2025, in Brockton and/or East Bridgewater. This request includes police reports, dispatch recordings, body-worn camera footage, and all other information. This incident occurred around 2:30-5:00 AM and was investigated by the Brockton Police Department under [an identified summons number]. The suspect was [an identified individual]. Additionally, the suspect’s injuries were assessed at booking. Please provide any photos taken. The Department responded on December 17, 2025. Unsatisfied with the Department’s response, and claiming not to have received responsive records, Attorney Manlapaz petitioned this office and this appeal, SPR26/0115, 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). 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 SPR26/0115 Page 2 January 27, 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 December 17th Response In its December 17, 2025 response, the Department stated, “[p]lease contact Brockton District Court in regards to your request.” Upon review of the appeal file, it is my understanding that in an email replying to the Department on the same date, Attorney Manlapaz clarified that he is, “not looking for records from the Court.” He further confirmed, “I am seeking records from the police department, which is an agency within Massachusetts covered by the public records statute, G. L. c. 66, § 10. . . .” Current Appeal In his January 12, 2026 appeal petition, Attorney Manlapaz states that following his December 17, 2025 correspondence to the Department, as noted above, he has, “not heard back or received any records.” Records in Existence Please be advised that 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). Further, 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). However, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Based on the Department’s response, in conjunction with Attorney Manlapaz’s clarification that he is seeking records from the Department, it is unclear whether the Department possesses records responsive to his request. To the extent that responsive records exist, I find the Department must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay).

Lieutenant Victor Perez SPR26/0115 Page 3 January 27, 2026 Conclusion Accordingly, the Department is ordered to provide Attorney Manlapaz with a response to his 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. Sincerely, Manza Arthur Supervisor of Records cc: Myles Manlapaz, Esq.