Massachusetts Public Records Act

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The Massachusetts Public Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Massachusetts.

The Massachusetts Open Meetings Act legislates the methods by which public meetings are conducted.

To learn more about how to make a public records request in this state, please see: Massachusetts FOIA procedures

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[edit] Litigation

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[edit] Relevant legal cases

See also: Court cases with an impact on state FOIA

Here is a list of lawsuits in Massachusetts. For more information go the page or go to Massachusetts sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)

Lawsuit Year
Attorney General v. School Committee of Northampton 1978
Bougas v. Chief of Police of Lexington 1976
Connelly v. School Committee of Hanover 1991
District Attorney for the Plymouth District v. Board of Selectmen of Middleborough 1985
Gerstein v. Superintendent Search Screening Committee 1989
Ghiglione v. School Committee of Southbridge 1978
Globe Newspaper Co. v. Boston Retirement Board 1983
Hastings & Sons Publishing Co. v. City Treasurer of Lynn 1978
Pearson v. Board of Health of Chicopee 1988
Pottle v. School Committee of Braintree 1985
Yaro v. Board of Appeals of Newburyport 1980

[edit] Massachusetts's transparency report card

A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Massachusetts #20 in the nation with an overall percentage of 54.30%. [1]

A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Massachusetts 31 points out of a possible 100, a letter grade of "F", and a ranking of 43 out of the 50 states.[2]

A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Massachusetts's law as the 35th worst in the country, giving it a letter grade of "D+".[3]

[edit] Features of the law

[edit] What records are covered?

Public records are defined as, "all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency" [4]

Exceptions include:

  • Personal contact information of individuals who own firearms, law enforcement, youth services, social services and department of corrections personnel and victims of crimes [5]
  • Records that are required to be exempted in order to maintain the proper functioning of government (4-7-26-B)
  • Medical files and other files that would result in an invasion of privacy (4-7-26-C)
  • Memorandum relating to policies being developed (4-7-26-D)
  • Law enforcement investigations (4-7-26-F)
  • Trade secrets (4-7-26-G)
  • Appraisals for potential property purchases (4-7-26-I)
  • Examinations (4-7-26-L)
  • Hospital Contracts (4-7-26-M)
  • Records that would jeopardize security (4-7-26-N)
  • Home contact information of all state employees and their families (4-7-26-O, P)
  • Adoption information (4-7-26-Q)

[4]

[edit] What agencies are covered?

State agencies are defined as any "agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose"[4]. While the first portion of the definition pertains to only the executive, the latter may be extended to include all governing bodies.

[edit] Who may request records?

See also: List of who can make public record requests by state.

Anyone may request public documents in Massachusetts. Records custodians shall permit public records "to be inspected and examined by any person". [6]

[edit] Must a purpose be stated?

No statement of purpose is required when requesting records.

[edit] How can records be used?

No restrictions are placed on the use of records.

[edit] Time allowed for response

See also: Request response times by state.

Massachusetts' law allows 10 days for record responses. [7]

[edit] Fees for records

Fees for records include the cost of duplication and fees associated with the cost of search for the records[8]

[edit] Open meetings

"All meetings of a governmental body shall be open to the public and any person shall be permitted to attend any meeting"[9]

[edit] Notable requests

[edit] See also

[edit] External links

[edit] References

  1. ↑ Integrity Index available for download here
  2. ↑ Graded state responsiveness to FOI requests, 2007
  3. ↑ Freedom of Information in the USA, 2002
  4. ↑ 4.0 4.1 4.2 Massachusets Statute 4-7
  5. ↑ Massachusets Statute 66-10
  6. ↑ General Laws of Massachusetts, 66-10(a)
  7. ↑ Massachusets Code 66-10
  8. ↑ Massachusets Code 66-10
  9. ↑ General Laws of Massachusetts Chapter 39: Section 23B. Open meetings of governmental bodies
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