Massachusetts Public Records Act
From Sunshine Review
Contents |
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.
[edit] Recent news
[edit] Transparency blocking
- High Costs Make Open Records Seem Closed
- Brockton superintendent search meeting records are incomplete
- Resident requests preschool financial records
More transparency blocking news from across the country.
[edit] Litigation
- State says Cambridge Public Schools can't charge $14K for public records
- Closed session on Rojas records blocked
- T&G goes to court in records case
More FOIA litigation news from across the country.
[edit] Legislation
More FOIA legislation news from across the country.
[edit] Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
[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)
[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?
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] 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)
[edit] Notable requests
[edit] See also
- Massachusetts FOIA procedures
- Massachusetts transparency advocates
- Massachusetts transparency legislation
[edit] External links
- General Laws of Massachusetts Public Records
- General Laws of Massachusetts Open Meetings
- Open Government Guide to Massachusetts
- Past articles on Massachusetts
[edit] References
| |||||||||||
