Two Lawrence city councilors say they expect a recall election for Mayor Brian DePeña after a state grand jury last week returned a 15-count indictment against him on charges related to the use and distribution of surveillance footage at City Hall.
But neither of the two councilors say they are ready to support a recall.
The state indictment last Thursday comes on the heels of a federal indictment in August on pandemic fraud charges.
Massachusetts Attorney General Andrea Joy Campbell alleges that DePeña secretly taped two employees at City Hall and then shared the recording on social media.
City Councilman Marc Laplante said there are active discussions about a recall effort among the electorate.
“I am hearing lots of talks about that,” Laplante said. “I would be surprised if that does not happen. Because I am hearing people talking about it, I see social media, I know there is active interest in this. And so I suspect that it will happen.”
Laplante said he is not calling for a recall, rather that he will defer “to the people.”
“This is coming from the people in the city. I am not putting my thumb on the scale and I am not demanding it,” he said. He added, “This is legitimate. It is a serious situation. Do we have the confidence in our government to proceed?”
He said there are “precise steps” that must take place in order for a recall election to occur. He added those conversations have not occurred with other council members due to open meeting laws.
Jeovanny Rodrigues, the city council president, said DePeña’s legal troubles “should be a shame for the administration,” and added “as a member of the community in general, it’s very concerning.”
“As a city council president, it’s very disappointing because we, as an elected official, we have to — we have the responsibility to develop that confidence in people so that they can go to City Hall and get the service that we as a city provide.” He said he and four other city councilors sent a letter to the AG’s office calling for it to pursue the investigation.
But when asked by GBH News whether he supports a recall, Rodrigues said he “hasn’t made that determination yet.”
The charges from the Mass. AGs office last week include 14 counts of distribution of a wiretapped communication and one count of witness intimidation. His arraignment is yet to be scheduled.
According to the Mass. AG’s investigation, which began in 2023, DePeña requested and installed a security system for his office separate from security cameras that were already maintained by the city.
The attorney general says that in March 2026, a hallway conversation outside of the mayor’s office in Lawrence City Hall between two public employees was secretly recorded audio and video recorded by one of Mayor DePeña’s private security cameras, unbeknownst to at least one of the conversation participants.
The mayor, Campbell’s office said, distributed copies of the recordings to 14 individuals. There was no public notice that the mayor’s private surveillance system was recording audio. The AG further alleges that in August 2026, Mayor DePeña committed an additional offense related to the case, violating a witness intimidation statute.
DePeña is already facing federal pandemic loan fraud and money laundering charges.
In August, he appeared in Boston federal court, where federal prosecutors said he fraudulently used more than $1.5 million in pandemic-related small business loans to fund his campaign for mayor and personal expenses. The loans, according to the charges, were intended for the business DePeña owns in Lawrence, Tenares Tire Services Inc.
Laplante underscored that DePena is innocent until proven guilty, but said two back-to-back indictments are troubling.
“I think it’s deeply concerning. I understand that there’s two significant headwinds that the mayor is currently facing, one with the ... federal Department of Justice, and now with the state attorney general’s office. And it’s deeply concerning because these are two reputable organizations. They don’t do things happenstance,” he said.
GBH News reached out to DePena for comment, but did not get a response.
Other community leaders said they are disappointed to see the negative attention on the city.
Jessica Andors, executive director of Lawrence Community Works said, “Lawrence could be in the news for true positive things happening in the city. For things such as new housing, successful youth programs, and vibrant business and arts communities. It is a shame we’re in the news for this.”
Laplante agreed the legal issues facing DePena don’t put the city in a good light and it could hamper government operations.
“Unfortunately, in our city, this is happening more often than I’d like to know,” he said.
DePena was elected last year to a second term as mayor by more than 53% of the vote.
Lawrence has a population of 89,000 people with a majority-minority city of Hispanic-Latino demographic makeup.
The Lawrence charter outlines a series of steps prior to a recall election that must take place. It includes a notarized letter, 100 signatures from residents provided to the city clerk that outlines why a recall is necessary, and there are deadlines that must be met.
Laplante said if there is a recall election, “it can go either way.” But he said, “I think that it will happen, at least the attempt.”