Learn How to Make a Public Records Request : IMC Worcester

Researching how successfully different Central Massachusetts high schools are educating parents and students about opting-out of the military recruitment requirements in the “No Child Left Behind” legislation was a perfect opportunity to expand my knowledge of the Massachusetts Public Records Law.

The Massachusetts Public Record Law is the state equivalent of the federal Freedom of Information Act with which many people are familiar. It couldn’t be any simpler, and it’s an underutilized tool.

Quoted in this article, and included below, is a booklet printed by the commonwealth that describes the public records law. Simple, concise and clear, this booklet provides both an overview of the law as well as a more detailed explanation of questions that both you and a municipal employee might have about the law.

Massachusetts’ Public Record Law defines “public records” as “all documentary materials or data, regardless of physical form or characteristics . . . . [including] all photographs, papers and electronic storage media including electronic mail” either made or received. That’s pretty much anything you can think of, allowing for a handful of exceptions for things like personal records, medical records, DYS/DSS case files and others. (For the most part the exemptions list is quite reasonable, except for the fact that the MA Legislature made sure to exempt themselves, and for some reason, some Hazardous Waste Facilities and Hazardous Waste Disposal Site Records are also excluded. You can’t have that information getting into the public’s hands!)

Some basic info and recommendations;

• The law states that you may make your request in writing, in person, via e-mail to whoever would most likely qualify as the “custodian” of those records. While the law allows you to make a request in whatever method you chose, it is strongly recommended that you make your request in writing, simply, clearly and dated.

• You DO NOT need to be a resident of the community from which you are requesting the information, nor do you need to say why you are requesting the documents.

• When making a request I oftentimes also include a photocopy the page in the Secretary of Commonwealth’s booklet titled, “Overview of the Massachusetts Records Law”. This overview sheet will both help someone that may be less familiar with the law and their obligations, as well as reinforce that you know what you’re doing.

• Local officials are instructed that they must receive public records requests with a “presumption” that the records you are requesting are public and can only refuse by citing a specific legislative exemption. Custodians are also required, because of their “superior knowledge of the records, to make every effort to ascertain what available records there are that would meet your request.

• The recipient of your public records request must respond within ten days by either providing the materials you requested, the materials they believe best responds to your request if you have made a more general query or a written explanation detailing the specific statutory exemption that allows them to deny your request.

• While municipalities may choose to waive the cost of a public records request, they are by statute allowed to charge a set fee for certain records such as deeds, etc., $ 0.20 per page for photocopies, and if necessary charge for staff time needed to search for requested materials. An itemized estimate of the total cost will be provided to you if there will be a charge of more than $10 for the materials requested.

• If your request is not responded to within 10 days, or denied and you disagree, you may file an appeal with the Supervisor of Public Records in Boston.

It’s really that simple, although you should read the state’s booklet to know more of the details.

In addition to the research on what is happening at area school’s the public records law has been a significant help to other local efforts. Real Solutions used it to uncover that the City miss-appropriated public funds to pay for their anti-panhandling campaign and it was also recently used to require the Worcester Public Library to release a list of homeless shelters and residences it discriminates against by limiting book borrowing by residents.

So let’s find out what’s happening in our schools, at City Hall, the library and over at the Parks Department while we’re at it. It’s our government; let’s make sure we have the full story.

Learn How to Make a Public Records Request

A Guide to Massachusetts Public Records Law

What is a public record?

How do a make a request?

How much does it cost?