Vaglica, Jill v. Department of Correction (SPR 20260997)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 30, 2026 SPR26/0997 Kate Silvia Director of Communications Massachusetts Department of Correction 50 Maple Street Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Jill Vaglica appealing the response of the Department of Correction (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 17, 2026, Ms. Vaglica requested “…surveillance recordings and related records associated with an incident that occurred on or about May 18, 2022 at approximately 9:14 AM at a Massachusetts Department of Correction facility – MCI Concord.” Specifically, Ms. Vaglica stated: I request the chain of custody and technical records pertaining to the following surveillance cameras at MCI Concord that were in place as of May 18th, 2022: Camera 1: “Phase 2 Main St. PTZ” Camera 2: “Ebuilding Chow Ext” Records Requested[:]  The individual(s) or department responsible for operating and maintaining the camera systems that produced these recordings.  The exact camera identifiers, locations, and technical specifications associated with the footage.  The date and time the recordings were created and the time period covered by each recording.  The method by which the recordings were stored, exported, copied, or transferred.  The identity of any person who accessed, handled, copied, or reviewed the footage from the time of creation to the present. 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

Kate Silvia SPR26/0997 Page 2 March 30, 2026  Any digital metadata associated with the recordings, including timestamps, file creation data, and system logs.  Documentation reflecting whether the recordings have been edited, redacted, compressed, or otherwise altered in any manner.  Any incident reports, logbook entries, or internal reports referencing these recordings or the events depicted within them.  The Massachusetts Department of Correction’s video surveillance retention policy applicable at the time the recordings were made – May 18th, 2022.  Camera placement diagrams or facility maps identifying the locations of the cameras that produced the footage.  Any maintenance, calibration, or service records for the cameras involved.  Documentation identifying the digital video management system used by the facility and any export procedures used to produce the recordings. The Department responded on March 19, 2026. Unsatisfied with the Department’s response, Ms. Vaglica petitioned this office and this appeal, SPR26/0997, 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 March 19th Response In its March 19, 2026, the Department stated, “[t]he Department responds that records responsive to this request are the subject of pending litigation in Commonwealth vs. Akara, Concord D.C, No. 2247CR000852 and therefore being withheld… The criminal litigation relating to records at issue in your request is still active and ongoing.”

Kate Silvia SPR26/0997 Page 3 March 30, 2026 Current Appeal In her appeal petition, Ms. Vaglica argued that the Department’s denial is improper for the following reasons: [1] No applicable statutory exemption identified… [2] Improper blanket denial… [3] Overbroad reliance on “ongoing litigation”… [4] Failure to meet burden of proof [5] Failure to comply with response requirements… Pending 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. Upon review of the docket of the trial court, the case status is listed as “closed,” and the docket indicates that the matter was dismissed on March 23, 2026. Consequently, I find it is unclear whether there remains active and ongoing litigation concerning the requested records. See Commonwealth v. Akara, (Concord District Court Docket No. 2247CR000852). To the extent the above matter is no longer active and ongoing, the Department is reminded that under the Public Records Law, the burden shall be on the custodian to establish the applicability of an exemption to withhold or redact public records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). See also Globe Newspaper Co.v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). The Department must clarify these matters. 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).

Kate Silvia SPR26/0997 Page 4 March 30, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Jill Vaglica