Vafiades, Mark v. Sandwich, Town of - Police Department (SPR 20260824)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 20, 2026 SPR26/0824 Marya Caristi Administrative Assistant Sandwich Police Department 255 Cotuit Road Sandwich, MA 02563 Dear Ms. Caristi: I have received the petition of Mark Vafiades appealing the response of the Sandwich 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 February 6, 2026, Mr. Vafiades requested a police report related to a January 14, 2026 incident involving an identified individual. The Department provided a response on February 10, 2026. Unsatisfied with the response, Mr. Vafiades petitioned this office and this appeal, SPR26/0824, 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. See 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 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

Marya Caristi SPR26/0824 Page 2 March 20, 2026 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 February 10th Response In its February 10, 2026 response, the Department withheld the police report under Exemption (f) of the Public Records Law and stated, “[t]he public records in question are the subject of a dispute in active litigation, administrative hearings or mediation.” See G. L. c. 4, § 7(26)(f). Current Appeal In his March 9, 2026 appeal to this office, Mr. Vafiades objected to the Department withholding the police report under Exemptions (f) and active litigation, stating, “…I believe that providing a redacted version of the report would satisfy the requirements of transparency while still protecting the integrity of your law enforcement efforts…” Active Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office has reviewed the trial court’s docket and verified that criminal litigation, relating to the record that is the subject of this request, is active and ongoing in the Barnstable District Court. See Commonwealth v. Alexander Denis Vakalopoulos, (Barnstable District Court Docket No. 2625CR000127). In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Mark Vafiades