St. 2016, c.121 (H4333) Act to Improve Public Records. Provides sweeping changes to public records law. Most provisions were effective January 1, 2017.
MGL c.4 s. 7 cl. 26 Definition of Public Records
MGL c.66 Public Records
MGL c.66A Fair Information Practices Act
Massachusetts regulations and guidelines
Public Records Response Guidelines for Executive Branch Secretariats and Agencies , Gov. Baker, July 30, 2015.
Memo to cabinet secretaries outlines requirements for responses to requests, including standardized charges and more.
5 USC 552 Freedom of Information Act
Example of a FOI request letter, Massachusetts Secretary of the Commonwealth.
Fully Automated Fill-in-the Blanks FOI Letter Generator, from the Student Press Law Center.
Selected case law
Champa v. Weston Public Schools, 473 Mass. 86 (2015).
A "settlement agreement, regarding a public school's placement of a student who required special education services in an out-of-district private educational institution, between the public school and the parents of the student was exempt from the definition of “public records” ... and therefore not subject to disclosure... without a redaction of personally identifiable information..."
Comm. v. Fremont Investment and Loan, 459 Mass. 209 (2011)
Massachusetts "public records law does not abrogate judicial protective orders."
Comm. v. Fujita, 470 Mass. 484 (2015)
A list of jurors must be "retained in the court file of the case and be made available to the public in the same manner as other court records; further, this court concluded that only on a judicial finding of good cause, which may include a risk of harm to the jurors or to the integrity of their service, may such a list be withheld."
General Electric Co. v. Department of Environmental Protection, 429 Mass. 798 (1999)
Materials privileged as work product are not protected from disclosure under the public records statute, unless they fall within the scope of an express statutory exemption
Hull Municipal Lighting Plant v. Massachusetts Municipal Wholesale Electric Co., 414 Mass. 609 (1993)
Public records are broadly defined and include all documentary materials made or received by an officer or employee of any corporation or public entity of the Commonwealth unless one of the nine statutory exemptions is applicable
Lambert v. Judicial Nominating Council, 425 Mass. 406 (1997)
In concluding that the records of the Judicial Nominating Council are not public records, the court said, in part, " Neither the Legislature nor the Judiciary are expressly included in G. L. c. 4, § 7, Twenty-sixth... Likewise, the Governor also is not explicitly included in clause Twenty-sixth. 'Like the Legislature and the Judiciary, the Governor possesses incidental powers which he can exercise in aid of his primary responsibility.' "
Peckham v. Boston Herald, Inc., 48 Mass. App. Ct. 282 (1999)
Judicial records are not within the law's definition of "public records," and so that law's privacy exemption did not apply in an invasion of privacy suit arising from a newspaper's reporting on a paternity action
Suffolk Construction v. Dept. of Capital Asset Management, 449 Mass. 444 (2007)
In distinguishing the work-product doctrine (see General Electric, above) from attorney-client privilege, the court ruled that documents covered by the attorney-client privilege are not subject to Massachusetts' public records law
Worcester Telegram & Gazette v. Chief of Police of Worcester, 58 Mass. App. Ct. 1 (2003)
"[M]aterials in an internal affairs investigation are different in kind from the ordinary evaluations, performance assessments and disciplinary determinations encompassed in the public records exemption for 'personnel [file] or information.'"
Record retention schedules
MGL c. 66, § 8: Preservation of Certain Books, Papers and Records; Destruction of Certain Original Instruments
Law gives the timeline for keeping state, county, city and town records
Massachusetts Records Retention Schedules, Secretary of the Commonwealth.
Searchable database of municipal and statewide records retention schedules, providing detailed guidance in the storage and disposal of records
Massachusetts Trial Court Record Retention Schedule, Administrative Office of the Trial Court
Outlines requirements for each court department.
- Access to Police Records: Massachusetts , Reporters' Committee for Freedom of the Press
Discussion of SPR Bulletin 3-03, Public Record Requests and C.O.R.I. (Nov. 21, 2003)
- Internal Affairs and Personnel Records, SPR Bulletin 3-04
Documents in an internal affairs investigation record are different from ordinary evaluation or discipline determinations, and are thus typically not exempt from public records law as personnel information.
Other Public Records
- A Citizen's Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records (106th Congress, 1st session, House Report 106-50)
- Electronic Records Management Guidelines , Supervisor of Public Records, 2011
Includes information on e-mail retention and other electronic records
- Executive Order 13392: Improving Agency Disclosure of Information , President George W. Bush, December 14, 2005
- Freedom of Information Services , The Reporters Committee for Freedom of the Press
Tons of advice and information, including a "Fully-Automated Fill-in-the-Blanks FOI Letter Generator," for us by both the press and public
- Mass. Facts: Boston.com's guide to public records, databases, and useful information, Boston.com
A partial list of the more "interesting and useful" sites for "public records and other free information-corporate filings, campaign contributions, property value." Links include brief descriptions. Great resource.
- Massachusetts Public Notices, MyPublicNotices.com
- Provides online access to public notice advertisements from nearly 100 newspapers throughout Massachusetts. Notices include government contracts, foreclosures, unclaimed property, community information and more. Clear search interface. Users can also choose to sign up for email notices of just the types of notices that interest them.
- Massachusetts Secretary of the Commonwealth, Public Records Division, including: A Guide to Massachusetts Public Records Law, Example of a FOI request letter and instructions on Appealing a Denial
- Newsgathering in Massachusetts , Berkman Center for Internet and Society, Harvard Law School, May 2013
Covers open meetings, public records law, access to courts and court records, recording public officials and more, with extensive footnotes to primary law sources
- Open Government Guide: MA, Reporters' Committee for Freedom of the Press
Extremely detailed guide to open records and open meetings, presented in outline form
- Segregating and Marking Documents for Release in Accordance with the Open Government Act, US Dept. of Justice
Provides guidance for government officials in how to comply with the Open Government Act's requirement "that when marking documents to indicate the amount of information deleted, and the location of that deletion, agencies should also indicate the exemption being asserted."
Access to Government in the Computer Age: An Examination of State Public Records Law, American Bar Association, 2007
Administrative Law, Bender, Chapter 10A, Preventing disclosure of information : the “Reverse FOIA” case
Bender’s Forms of Discovery, volume 16, chapter 14 “Freedom of information law and discovery”
Guidebook to the Freedom of Information and Privacy Acts, West Group, loose-leaf
|Last Updated:||April 18, 2018|