Jill Vaglica v. Lawrence, City of - Police Department (SPR 20253859)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 15, 2026 SPR25/3859 Captain Ariel A. Montás Records Access Officer Lawrence Police Department 90 Lowell Street Lawrence, MA 01840 Dear Captain Montás: I have received the petition of Jill Vaglica appealing the response of the Lawrence 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 December 29, 2025, Ms. Vaglica requested the folwoing: an itemized listing of records in the possession, custody, or control relating to…[a] July 24, 2010 [incident]…[r]esulting in the death of [an identified individual]…I am requesting an itemized list identifying the categories and general types of records maintained in connection with this matter, so that the scope of materials maintained by the agency may be understood…This request seeks an inventory or general listing of responsive records, including records that may later be subject to redaction or withholding under applicable exemptions, in order to identify the nature and scope of materials maintained by your agency… The Department provided two responses on December 29, 2025. Unsatisfied with the Department’s responses, Ms. Vaglica petitioned this office and this appeal, SPR25/3859, 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

Captain Ariel A. Montás SPR25/3859 Page 2 January 15, 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. Att’y 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 29th Responses In its initial December 29, 2025 response, the Department stated, “[i]n response to your records request from the Lawrence Police department pursuant to 2025-FOIA-1637, all homicides in the City of Lawrence are investigated by the Massachusetts State Police CPAC unit in conjunction with the Essex County District Attorney’s Office. Any record requests should be directed to the Essex County DA’s Office.” In a December 29, 2025 email to the Department, Ms. Vaglica stated, “I do know for a fact that the Lawrence police participated heavily in this investigation and would like an itemized list of all of their own material. It is imperative that this itemized list be received for everything that the Lawrence police has. I am already aware of some materials in the possession of the Lawrence Police Department…” In an additional December 29, 2025 response, the Department reiterated its previous response, stating, “[i]n response to your records request from the Lawrence Police department pursuant to 2025-FOIA-1637, all homicides in the City of Lawrence are investigated by the Massachusetts State Police CPAC unit in conjunction with the Essex County District Attorney’s Office. Any record requests should be directed to the Essex County DA’s Office.” Current Appeal In her December 29, 2025 petition to this office, Ms. Vaglica stated, “I am seeking assistance with the noncompliance of the Lawrence Police Department to provide public records to me regarding my client’s case. They are blatantly lying about their involvement in this homicide investigation, and I have documentation corroborating their involvement.” Based on Ms. Vaglica’s petition and the Department’s responses, it is unclear whether the Department possesses responsive records. 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). Consequently, the Department must clarify whether it possesses responsive records.

Captain Ariel A. Montás SPR25/3859 Page 3 January 15, 2026 Conclusion Accordingly, the Department is ordered to provide Ms. Vaglica 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. Ms. Vaglica may 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: Jill Vaglica