Records Related to Ongoing Investigations
The MCAD issued Guidelines on Public Records on September 14, 2018, which describe how the Commission responds to public records requests. The guidelines explain the Commission’s practice to withhold active complaints from the general public while the complaint is under investigation. The guidelines are available to download at the bottom of this page.
The most recent updates to MCAD regulations (804 CMR 1), which include provisions on public records and transparency, can be found on the MCAD Statute and Regulations web page and linked below.
Requesting Public Records
Requests for public records may be made in writing to the MCAD Records Access Officer. Consider how you can narrow the scope of your request to expedite the production process. The first four hours of work performed to respond to a public records request will be performed at no cost. After, the agency may charge up to $25 per hour.
Additional Resources
Frequently Asked Questions (FAQs)
What types of records can I request from MCAD?
You can request a variety of records including, but not limited to:
- Case files of closed investigations
- Annual reports
- Meeting minutes
- Regulations, policies, and guidelines
With the exception of the complaint and investigative disposition, the contents of MCAD investigative files are not available to the public. However, parties are permitted greater access to their own investigative files (see G.L. c. 4 § 7(26)(f) and 804 CMR 1.21(2) (2020)). Records related to ongoing investigations are typically withheld until the investigation is complete.
How long does it take to process a public records request?
The time to process a request can vary depending on the complexity and scope:
- Simple requests: typically processed within 10 business days
- Complex requests: may take longer
We will notify you if additional time is needed.
Are there any fees associated with requesting records?
Yes, the first four hours of work performed to respond to a public records request are free of charge. After that, the agency may charge up to $25 per hour. Additionally, there may be fees for copying and mailing records. Narrowing the scope of your request can help minimize costs.
Can I request records by phone?
Telephone requests may be accepted at the discretion of the Records Access Officer. Please call (617) 994-6045 to inquire.
What should I do if my request is denied?
If your request is denied, you will receive a written explanation. You have the right to appeal the decision to the Supervisor of Records in the Secretary of the Commonwealth's office. Instructions for filing an appeal will be included in the denial notice.
Can I request records anonymously?
Yes, you can submit a public records request anonymously. However, providing your contact information can help us clarify your request and provide you with the records more efficiently.
Are there any restrictions on the information I can request?
Yes, certain records are exempt from disclosure under Massachusetts Public Records Law. These exemptions include but are not limited to:
- Personal privacy
- Law enforcement investigations
- Attorney-client privilege
- Trade secrets
A complete list of exemptions can be found in M.G.L. c. 4 § 7.
Contact for Requesting Public Records from MCAD
Phone
Available M-F 9am-5pm. IMPORTANT: This phone number is only for questions about public records. Telephone requests may be accepted at the discretion of the Records Access Officer.
Address
Last updated: | September 26, 2024 |
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