A Guide to the

Massachusetts
Public Records Law

Published by
William Francis Galvin
Secretary of the Commonwealth
Division of Public Records

Updated January 2017

www.sec.state.ma.us/pre/prepdf/guide.pdf
 The founding fathers of our nation strove
to develop an open government formed on
the principles of democracy and public
participation. An informed citizen is better
equipped to participate in that process.

Laws mandating the disclosure of public

records have existed in the Commonwealth
of Massachusetts since 1851. The federal
Freedom of Information Act was signed
into law in 1966 by President Lyndon B.
Johnson. In 1974, Congress amended the
federal Freedom of Information Act in order to make government
records more accessible to the public.

The Massachusetts Public Records Law parallels federal law, with some
variation. Every government record in Massachusetts is presumed to be
public unless it may be withheld under a specifically stated exemption.

As Secretary of the Commonwealth and chief public information officer

for the Commonwealth, I am pleased to publish this guide explaining
the Public Records Law. The full text of the law is provided, as well as a
brief description of each of the exemptions to the law.

Also included is a section of frequently asked questions about a

requester’s right to access public records, as well as a government
records custodian’s duty to respond to those requests.

Any additional questions regarding the Public Records Law should be

directed to the Division of Public Records at (617) 727-2832 during
regular business hours.

You may access Division of Public Records publications and other

information at www.sec.state.ma.us/pre/preidx.htm.

William Francis Galvin

Secretary of the Commonwealth
 Table of Contents

Frequently Asked Questions ..........................................................................................1

Overview ........................................................................................................................7
Exemptions to the Public Records Law .......................................................................12
Records Management...................................................................................................34
Appendix ......................................................................................................................40
Applicable Statutes ......................................................................................40
Public Records Access Regulations .............................................................53
Examples of Exemption (a) Statutes ............................................................74

Published by
William Francis Galvin
Secretary of the Commonwealth

Division of Public Records

One Ashburton Place, Room 1719
Boston, MA 02108

Telephone: (617) 727-2832

Fax: (617) 727-5914
Email: [email protected]
www.sec.state.ma.us/pre/preidx.htm
 A Guide to the Massachusetts Public Records Law  1

Frequently Asked Questions

What is the difference between the federal Freedom of Information Act and
the Massachusetts Public Records Law?

The federal Freedom of Information Act is a statute that applies to federal

records. The Massachusetts Public Records Law applies to records created by
or in the custody of a state or local agency, board or other government entity.

Who can help me with questions regarding the Public Records Law?

The Division of Public Records (Division) has always provided an “attorney

of the day” to assist any person seeking information regarding the Public
Records Law.

The hours of operation for the Division are Monday-Friday, with the
exception of holidays, from 8:45 a.m. to 5:00 p.m. The telephone number for
the Division is (617) 727-2832, and the email address is [email protected].

What is a “public record”

Every record that is made or received by a government entity or employee is

presumed to be a public record unless a specific statutory exemption permits
or requires it to be withheld in whole or in part.

Specific statutory exemptions have been created by the legislature. There are
non-statutory exemptions as well called common law exemptions. Non-
statutory exemptions include the common law attorney client privilege and the
work product privilege. These exemptions permit the agency or municipality
to withhold a record from the public. A records access officer (RAO) must
prove with specificity why it should be allowed to withhold any public record.

The exemptions to the Public Records Law are described in this guide. If an
RAO claims an exemption and withholds a record, the RAO has the burden of
showing how the exemption applies to the record and why it should be
withheld.

How do I find the records I seek?

A person seeking access to government records must obtain them from the
government office that created or received the records.

Does the Division of Public Records have my records?

The Division of Public Records (Division) is not a warehouse for government

records. The only records kept in the Division are those that are essential to
the business operations of the Division.
2  A Guide to the Massachusetts Public Records Law

To obtain public records a person must directly contact the municipal or state
agency office that is the custodian of the sought for records.

Does the Public Records Law apply to court, legislative or federal records?

The Public Records Law does not apply to records held by federal agencies,
the legislature or the courts of the Commonwealth. Accordingly, the
Supervisor is unable to assist requesters seeking such records.

What is a Records Access Officer?

A Records Access Officer (RAO) is the person responsible for responding to

requests for public records. Information on how to contact an RAO is usually
available on the website for the applicable municipal or state entity holding
the records sought by requesters.

What is a records custodian?

A records custodian means any governmental entity that makes or receives

public records.

How do I obtain copies of public records?

To obtain a copy of a record, you must make a request to the RAO for the
municipal or state agency that you believe has records you are seeking.

What do I do if my request is denied?

An RAO must respond to your request as determined by the Public Records

Law. If the RAO fails to respond or denies a request, a requester may appeal
the matter to the Supervisor within ninety days.

Under the Public Records Regulations, all appeals to the Supervisor must
include a copy of the original request, any response by the RAO and a
statement indicating the reason for the appeal. The requester must also provide
a copy of the appeal petition to the RAO.

May I also go to court to seek public records?

A requester may also commence a civil action in superior court to enforce the
requirements of the Public Records Law. Where applicable, the superior court
may award reasonable attorney’s fees and costs in cases where the requestor
obtains relief.
 A Guide to the Massachusetts Public Records Law  3

My appeal was closed because I did not provide the necessary information.
What do I do now?

The Supervisor will close an appeal without a finding if a requester fails to

provide a copy of the request or the response. The Supervisor will close an
appeal without a finding if the requester fails to provide a copy of the request
to the RAO, or fails to provide a copy of the petition for appeal to the RAO.

In such cases, a requester may seek a new appeal, provided the appeal is filed
in compliance with the Public Records Regulations.

What are the requirements for an RAO response to a public records

request?

An RAO’s response must be in writing, and must provide the name of the
RAO. The response must include a good faith estimate of any cost of
providing the record.

The response must also include a specific exemption to the Public Records
Law to justify the denial of access to any record, and an explanation of how
that exemption applies to the records. Any denial must include instructions on
how to appeal to the Supervisor of Records.

Must my request be in writing, and do I need to use a specific form?

A written request is not required but is strongly recommended. An oral

request made in person is permitted. An RAO is not permitted to require a
written request, but may write an oral request on its own form to assist in
prompt response.

To appeal an RAO response to the Supervisor, however, a request must be in

writing.

May I appeal a failure to answer a question?

The Public Records Law only applies to records. An RAO is not required by
the Public Records Law to answer questions or create a record in response to a
request; however, an RAO must provide any records that exist that respond to
a question.

What is the cost for copies of public records; what about electronic records?

Absent a specifically identified statute or regulation, an RAO may charge no

more than $0.05 per page for single and double-sided black and white paper
copies or computer printouts. There is no longer a separate charge for police
or fire reports, or for computer printouts.
4  A Guide to the Massachusetts Public Records Law

The Public Records Law and its Regulations apply to all Massachusetts
government records, regardless of form, and regardless of the location of the
records.

Provision of public records in electronic form is preferred where available. An

RAO is not permitted to assess a copying fee for electronic records. The $0.05
fee applies only to paper copies of records.

Is an RAO required to provide a fee estimate?

The Public Records Regulations require that an RAO provide a detailed,

written, good faith estimate for the cost of complying with a public record
request.

The fee estimate must contain a statement advising the requester that the
actual cost of producing the record might vary once the agency or
municipality begins preparing the record. An agency or municipality is
permitted to require payment of the estimated fee before commencing work.

All agencies and municipalities are strongly urged to waive the fees associated
with access to public records, but are not required to do so under the law.

Public records that are of great interest to a large number of people must be
readily available within the office of the RAO and should be provided at a
minimum cost, if any. Examples include minutes of board meetings, town
meeting documents, warrants, street lists and municipal financial documents.
Many of these records are required to be placed on the RAO’s website.

May the RAO charge a fee for search and segregation of records?

An RAO may charge and recover a fee for the time spent searching, redacting,
photocopying and refiling a record. Agencies shall not assess a fee for the first
four hours of time spent searching for, compiling, segregating, redacting and
reproducing a requested record. Municipalities with a population of over
20,000 shall not assess a fee for the first two hours of time spent searching for,
compiling, segregating, redacting and reproducing a requested record.
Municipalities with a population of 20,000 and under are permitted to charge
for the first two hours of time spent searching for, compiling, segregating,
redacting and reproducing a requested record.

The hourly rate may not be greater than the prorated hourly wage of the
lowest paid employee who is capable of performing the task. Generally, an
RAO is not permitted to charge an hourly rate in excess of $25.00 per hour to
search for records. Municipal RAOs may petition the Supervisor for
permission to charge a fee in excess of $25.00.
 A Guide to the Massachusetts Public Records Law  5

The fee estimate must provide the hourly rate and the number of hours
required for each portion of the task. An RAO may not recover fees associated
with record organization.

Agency and municipal RAOs may petition the Supervisor for permission to
assess a fee for time spent segregating and redacting.

If a requestor wishes to review records in the records custodian’s office but

does not require copies, a records custodian may charge and recover a fee for
his or her time spent searching for and redacting the records. Access to
records viewed in this manner cannot be denied and only minor fees
associated with securing the record should be charged.

When must minutes of an open meeting be made available to the public?

The Open Meeting Law, applicable to public bodies such as select boards for
towns, is enforced by the Office of the Attorney General, Division of Open
Government.1 Any questions regarding the content of minutes, requirements
to keep minutes or any procedural aspects of the Open Meeting Law should be
addressed to the Division of Open Government.2

Minutes of open meetings, regardless of form, are public and must be made
available in a timely fashion.

There is no requirement that the minutes be transcribed or approved before

they are made public. An RAO should clearly mark all such minutes
“unofficial.”

Pursuant to the Open Meeting Law, minutes of prior open meetings,

regardless of form, must be reviewed and accepted promptly. Copies of the
minutes of all open meetings should be readily available. Many public bodies
are required to post minutes to meetings on the public body’s website. RAOs
are strongly encouraged to waive all fees associated with the minutes of open
meetings.

Minutes of executive session meetings must be reviewed and released

regularly and promptly. Executive session minutes must be released to the
public as soon as the stated purpose for the executive session protection has
ceased.

1
G. L. c. 30A, §§ 18-25.
2
www.mass.gov/ago/bureaus/government/the-division-of-open-government/.
6  A Guide to the Massachusetts Public Records Law

Does a requester have greater right of access to records if he is the subject

of a record?

Under the Public Records Law, every requester is treated equally; therefore,
even a person who is the subject of the record is not granted any greater
access right than any other person.

Some statutes and regulations allow requesters to obtain records in a manner

that does not require a request under the Public Records Law. It should be
noted that once a record is deemed public it may be obtained by anyone upon
request.

A list of statutes limiting access to public records is found in the back of this
book. This list includes student records, criminal offender record information,
and other records the access to which is limited by law.

Is a requester required to disclose the intended use of the public record

requested?

With the possible exception of situations where the RAO is anticipating the
withholding of records pursuant to Exemption (n) of the Public Records Law,
determining whether the records are being requested for a commercial
purpose, or determining whether to grant a fee waiver, a records custodian
may not ask a requester the reason for the request or the intended use of the
requested records.3

How should an RAO respond to an unclear request?

RAOs must help the requester to determine the precise record or records
responsive to a request; however, a requester must provide a reasonable
description of the requested records. If a request is unclear the RAO is
expected to seek clarification from the requester.

What if a records custodian claims that it is not subject to the Public

Records Law?

The Public Records Law only applies to Massachusetts governmental entities.

The burden lies with the entity to show that the Public Records Law does not
apply.

Are RAOs required to forward a request for records not in their possession?

RAOs must use their knowledge of the records to ensure that a request for
records is delivered to the appropriate party. A large public records request
may include items for which the RAO is not directly responsible, as it may

3
G. L. c. 4, § 7(26)(n); 950 C.M.R. 32.06(2)(h).
 A Guide to the Massachusetts Public Records Law  7

include a request for records of another division or department of the RAOs’

agency or municipality. An RAO is expected to forward such requests to the
appropriate parties in responding to a public records request, and inform the
requester he or she has done so.

Overview
The Massachusetts Public Records Law (Public Records Law) and its
Regulations provide that each person has a right of access to public
information.4 This right of access includes the right to inspect, copy or have
copies of records provided upon the payment of a reasonable fee.5

The Public Records Law broadly define “public records” to include “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 Massachusetts governmental entity.6

There are strictly and narrowly construed exemptions and common law
privileges to the broad definition of “public records.”7 This guide will briefly
review the application of these exemptions as well as explore some of the
other issues that arise when a request is made for access to government
records.

Updated Public Records Law

The Public Records Law and its Regulations were updated with changes
effective January 1, 2017. Among other things, the updated law sets limits on
fees, provides deadlines for the provision of records, and requires the
designation of a “Records Access Officer.” The updated law also
distinguishes between “agencies” and “municipalities” and assigns certain
duties to each entity.

The Regulations define “agency” as the following:

Any agency, executive office, department, board, commission, bureau,

division or authority of the commonwealth that is identified in M.G.L. c. 66, §
6A and c. 4, § 7, clause Twenty-sixth and makes or receives “public records”,
as defined in 950 CMR 32.02. Agency includes any person, corporation,
association, partnership or other legal entity which receives or expends public
4
G. L. c. 66, § 10(a).
5
Id; 950 C.M.R. 32.
6
G. L. c. 4, § 7(26).
7
G. L. c. 4, § 7(26); see also Attorney General v. Assistant Commissioner of the Real
Property Department of Boston, 380 Mass. 623, 625 (1980) (the statutory exemptions are to
be strictly and narrowly construed).
8  A Guide to the Massachusetts Public Records Law

funds for the payment or administration of pensions for any current or former
employees of the commonwealth or any political subdivision as defined in
M.G.L. c. 32, § 1.8

The Regulations define “municipality” as the following:

Cities and towns, local housing, redevelopment or similar authorities. A

consortium, consolidation or combination of entities within a single political
subdivision of the commonwealth or among multiple political subdivisions of
the commonwealth shall be deemed a municipality.9

A “Records Access Officer” (RAO) is an employee of a governmental records

custodian. An RAO is the employee designated within a governmental entity
to perform certain duties, including coordinating a response to requests for
access to public records, assisting individuals seeking public records in
identifying the records requested, and preparing guidelines that enable
requesters to make informed requests regarding the availability of such public
records electronically or otherwise.10

The Request
There are no strict rules that govern the manner in which requests for public
information should be made. Requests may be made in person or in writing.
Written requests may be made in person, by mail, facsimile or email.11 An
RAO must provide information on her custodian’s website with respect to
requests for public records.

A requester must provide the RAO with a reasonable description of the

desired information.12

The Response
The RAO must respond to requests without unreasonable delay and within ten
business days.13 The RAO may offer to provide records; provide a fee
estimate, where applicable; or deny access to records in a manner consistent
with G. L. c. 66, § 10(a-b). 14

A denial must detail the specific basis for withholding the requested
materials.15 The denial must include a citation to one of the statutory or

8
950 C.M.R. 32.02
9
Id.
10
Id.
11
950 CMR 32.06(1)(c).
12
950 CMR 32.06(1)(b).
13
G. L. c. 66, § 10(a-b); 950 CMR 32.06(2)(a).
14
Id.
15
G. L. c. 66, § 10(a-b).
 A Guide to the Massachusetts Public Records Law  9

common law exemptions upon which the RAO relies, and must explain why
the exemption applies.16

A denial must also advise the requester of the right to seek redress through the
administrative process provided by the Supervisor of Records (Supervisor) as
well as the judicial remedy available in superior court.17

The mandatory disclosure provision of the Public Records Law only applies to
information that is in the custody of the governmental entity at the time the
request is received.18 Consequently, there is no obligation to create a record
for a requester or to honor prospective requests. It should be noted, however,
that the Regulations do not prohibit an RAO from responding to such
requests.

Information contained in a database is presumed to exist at the time of the

request. Provision of an extract of requested data does not constitute creation
of a public record. An RAO may not deny a request for data contained in such
a database on the theory that extraction results in creating a new record. To do
so would deny access to information that does exist at the time of the request,
though not in a form easily accessible by the requester.

All requests for public records must be honored in accordance with the Public
Records Law. With the exception of situations in which an RAO is
determining whether the records are being requested for a commercial
purpose, whether to grant a fee waiver, or the applicability of Exemption (n),
an RAO may not ask a requester the reason for the request or the intended use
of the requested records. Inquiries by an RAO into a requester’s status or
motivation for seeking information are prohibited.19

Fees
An RAO may charge a reasonable fee to recover the costs of complying with a
public records request.20 An RAO is encouraged, but not required, to waive
fees where disclosure is in the public interest.21

16
Id.
17
950 CMR 32.06(3)(c).
18
G. L. c. 4, § 7(26) (defining “public records” as materials which have already been “made
or received” by a public entity); see also 32 Op. Att’y Gen. 157, 165 (May 18, 1977)
(custodian is not obliged to create a record in response to a request for information).
19
See G. L. c. 66, § 10(a) (public records are to be provided to “any person”); but see G. L. c.
4, § 7(26)(n) (a records custodian may ask the requester to voluntarily provide additional
information in order to reach a “reasonable judgment” regarding disclosure of responsive
records); 950 CMR 32.06(2)(h).
20
G. L. c. 66, § 10(a); see also 950 CMR 32.07.
21
950 CMR 32.07(2)(k).
10  A Guide to the Massachusetts Public Records Law

The Supervisor does not have the authority to order a waiver of reasonable
fees. An RAO assessing a fee must do so in accordance with any applicable
statutory provisions, the Regulations or an enabling provision.22

The updated Public Records Law and its Regulations provide for the
following with respect to fees to access public records:

Fees for segregating and redacting

An agency or municipality shall not assess a fee for time spent segregating
and redacting a requested record unless such segregation or redaction is
required by law or approved by the Supervisor of Records through a petition
discussed below.23

“Segregation time” means the time used to review records to determine what
portions are subject to redaction or withholding under M.G.L. c. 4, § 7, clause
Twenty-sixth or other legally applicable privileges. Segregation time shall not
include time expended to review record for accuracy and correct errors.24

“Redact” means to delete, or otherwise expurgate that part of a public record

that is exempt from disclosure under M.G.L. c. 4, § 7, clause Twenty-sixth or
other legally applicable privileges from non-exempt material.25

Fees for Copies

In addition to the search and segregation fees, records custodians may charge
$0.05 for either single and double-sided black and white paper copies or
printouts.26 When the request is for materials that are not susceptible to
ordinary means of reproduction, such as photographs or computer tapes, the
actual cost of reproduction may be assessed to the requester.27 There are also
specific statutes that establish fees for copies of public records.28

Agencies

Agencies may not assess a fee for the first four hours of time spent searching
for, compiling, segregating, redacting and reproducing a requested record.
Agencies may not assess a fee of more than $25 per hour for the cost to
comply with a request for public records.29

22
See e.g., G. L. c. 66, § 10(a); see also 950 CMR 32.07.
23
G.L. c. 66, §10(d); 950 CMR 32.07(2)(d).
24
950 CMR 32.02.
25
Id.
26
950 CMR 32.07(2)(e).
27
950 CMR 32.07(2)(h).
28
See e.g., G. L. c. 262, § 38 (copies of records at the Registry of Deeds).
29
950 CMR 32.07(2)(l).
 A Guide to the Massachusetts Public Records Law  11

Municipalities

Municipalities with a population of over 20,000 may not assess a fee for the
first two hours of time spent searching for, compiling, segregating, redacting
and reproducing a requested record. Municipalities with a population of
20,000 and under may assess a fee, including the first two hours, for time
spent searching for, compiling, segregating, redacting and reproducing a
requested record.30

Population data shall be determined by the decennial US. Census and it shall
be the burden of the RAO to provide population data information when
responding to a request.31

A municipal records access officer may not assess a fee of more than $25 per
hour for the cost to comply with a request for public records unless approved
by the Supervisor through a petition discussed below.32

RAO Petitions

Under the updated Public Records Law and Regulations, RAOs may request
an extension from the Supervisor of Records if more time is needed to provide
records. Such a request for extension must occur within 20 business days of
receipt of request or within 10 business days after receipt of a determination
by the Supervisor of Records that the requested record constitutes a public
record. The Supervisor may grant an extension of 20 business days to an
agency and 30 business days to a municipality, or longer depending on the
circumstances.33

RAOs may also petition the Supervisor of Records to charge for time spent
segregating or redacting records. Only a municipal RAO may petition the
Supervisor for permission to charge fees in excess of the maximum hourly
rate of $25 per hour for time required to comply with a request.34

Filing a petition does not affect the requirement that an RAO shall provide an
initial response to a requester within ten business days after receipt of a
request for public records.35

30
950 CMR 32.07(2)(m).
31
Id.
32
Id.
33
950 CMR 32.06(4)(e).
34
950 CMR 32.06(4)(h).
35
950 CMR 32.06(4)(b).
12  A Guide to the Massachusetts Public Records Law

Agency RAO reporting requirement

Agency RAOs are required to report to the Secretary certain information

pertaining to requests for public records. This information includes, among
other things, the nature of the request, the date of the request and response, the
amount of fees assessed, and information regarding the use of administrative
and judicial remedies.36

Agency RAOs must report this information by using an online form provided
on the Secretary’s website. This website will serve as the form prescribed by
the Secretary to accomplish this task as required by G.L. c. 66 § 6A(e).
Agency RAOs may complete the online form using the following link:
www.sec.state.ma.us/AgencyRAOWeb/RAOAccounts/Welcome.aspx.

The public may search the Agency Public Records Request Database website
at: www.sec.state.ma.us/RequestSearchWeb/Webpages/Welcome.aspx.

Exemptions to the Public Records Law

The statutory definition of “public records” contains exemptions providing the
basis for withholding records completely or in part.37 The exemptions are
strictly and narrowly construed.38 Where exempt information is intertwined
with non-exempt information, the non-exempt portions are subject to
disclosure once the exempt portions are deleted.39 A review of the appropriate
applications of the exemptions follows.

Exemption (a) – The Statutory Exemption

Exemption (a) applies to records that are:

specifically or by necessary implication exempted from disclosure by

statute40

A government entity may use the statutory exemption as a basis for

withholding requested materials where the exempting statute expressly states
or necessarily implies that the public’s right to inspect records under the
Public Records Law is restricted.41

36
G.L. c. 66, § 6A(e).
37
G. L. c. 4, § 7(26).
38
Attorney General v. Assistant Commissioner of the Real Property Department of Boston,
380 Mass. 623, 625 (1980).
39
G. L. c. 66, § 10(a); Reinstein v. Police Commissioner of Boston, 378 Mass. 281, 289-90
(1979) (the statutory exemptions are not blanket in nature).
40
G. L. c. 4, § 7(26)(a).
41
Attorney General v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers,
Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977).
 A Guide to the Massachusetts Public Records Law  13

This exemption creates two categories of exempt records. The first category
includes records that are specifically exempt from disclosure by statute. Such
statutes expressly state that such a record either “shall not be a public record,”
“shall be kept confidential” or “shall not be subject to the disclosure provision
of the Public Records Law.”42

The second category under the exemption includes records deemed exempt
under statute by necessary implication.43 Such statutes expressly limit the
dissemination of particular records to a defined group of individuals or
entities.44 A statute is not a basis for exemption if it merely lists individuals or
entities to whom the records are to be provided; the statute must expressly
limit access to the listed individuals or entities.

For example: I seek a copy of an arrest report. May this report be withheld by
the records custodian pursuant to Exemption (a) as Criminal Offender Record
Information (C.O.R.I.)?

A record that is recorded as a result of the initiation of criminal proceedings or

other consequent proceeding may be withheld under the C.O.R.I. statute.45
The Department of Criminal Justice Information Services, conferred with the
authority to promulgate and interpret statutes and regulations regarding
C.O.R.I., interprets the “initiation of criminal proceedings” to be “the point
when a criminal investigation is sufficiently complete that the investigating
officers take actions toward bringing a specific suspect to court.”46

Please reference the Appendix of this Guide for other examples of statutes that
specifically exempt records from disclosure.

Exemption (b)
Exemption (b) applies to records that are:

related solely to internal personnel rules and practices of the

government unit, provided however, that such records shall be
withheld only to the extent that proper performance of necessary
governmental functions requires such withholding47

42
See, e.g., G. L. c. 41, § 97D (all reports of rape or sexual assault “shall not be public
reports”).
43
G. L. c. 4, § 7(26)(a).
44
See, e.g., G. L. c. 6, § 172 (“Criminal offender record information ... shall only be
disseminated to: criminal justice agencies....”).
45
See 803 C.M.R. 7 (C.O.R.I. may be released at the discretion of law enforcement if
disclosure aids investigative efforts).
46
G. L. c. 6, § 168.
47
G. L. c. 4, § 7(26)(b).
14  A Guide to the Massachusetts Public Records Law

There are no authoritative Massachusetts decisions interpreting Exemption

(b). The general purpose of the cognate federal exemption, however, is to
relieve agencies of the burden of assembling and maintaining for public
inspection matters in which the public cannot reasonably be expected to have
a legitimate interest.48

The language of the federal provision is duplicated in the first clause of

Exemption (b). The addition of the qualifying second clause of Exemption (b)
evidences a legislative intent to create an exemption that is narrower in scope
than the previously enacted, parallel federal exemption.49

For Exemption (b) to apply in Massachusetts, a records custodian must

demonstrate not only that the records relate solely to the internal personnel
practices of the government entity, but also that proper performance of
necessary government functions will be inhibited by disclosure.

For example: Are all Department of Correction (DOC) security policies and
procedures public?

One of the DOC’s primary functions is to maintain secure penal institutions.

Information regarding the procedures used by correctional officers during law
enforcement efforts relates solely to the internal workings of the DOC.
Moreover, disclosure of this information could prove detrimental to the
DOC’s law enforcement efforts, as knowledge of the DOC’s security response
procedures could enable an inmate to circumvent such procedures.
Accordingly, Exemption (b) will allow the DOC to withhold portions of the
requested policies.

Exemption (c) – The Privacy Exemption

Exemption (c), the privacy exemption, is the most frequently invoked
exemption. The language of the exemption limits its application to:

personnel and medical files or information; also any other materials or

data relating to a specifically named individual, the disclosure of
which may constitute an unwarranted invasion of personal privacy50

48
Department of the Air Force v. Rose, 425 U.S. 352, 362-70 (1976).
49
See Globe Newspaper Company v. Boston Retirement Board, 388 Mass. 427, 432-33
(1983) (where the language of a parallel state statute differs in material respects from a
previously enacted federal statute, a rejection or expansion of the legal principles embodied
in the federal statute may be inferred).
50
G. L. c. 4, § 7(26)(c).
 A Guide to the Massachusetts Public Records Law  15

The privacy exemption is made up of two separate clauses, the first of which
exempts personnel and medical files. As a general rule, medical information
will always be of a sufficiently personal nature to warrant exemption.51

The Massachusetts Supreme Judicial Court determined that exempting

personnel information from disclosure serves to protect the government’s
ability to function effectively as an employer.52 The release of certain
personnel information could disrupt the government’s capability to conduct
sensitive and careful investigations regarding employees.53

While statutorily exempting personnel information from the expansive

definition of public records, the legislature did not explicitly define personnel
information.54 However, judicial decisions acknowledge that the term is
neither rigid, nor exact, and that the determination is case-specific.55 The
custodian’s classification of materials as “personnel information” is not
conclusive.56 Instead, the nature or character of the documents, as opposed to
the documents’ label, is crucial to the analysis.57

The nature of some materials and the context in which they arise take them
beyond what the legislature contemplated when exempting personnel
information.58

Generally, personnel information that is useful in making employment

decisions regarding an employee is sufficiently personal to be exempt
pursuant to the first clause.59 Such information may include employment
applications, employee work evaluations, disciplinary documentation, and
promotion, demotion, or termination information.60

51
Globe Newspaper Company v. Boston Retirement Board, 388 Mass. 427, 442 (1983); see
also Globe Newspaper Company v. Chief Medical Examiner, 404 Mass. 132 (1989)
(autopsy reports constitute exempt medical information).
52
Wakefield Teacher’s Association v. School Committee of Wakefield, 431 Mass. 792, 802
(2000).
53
Id.
54
G. L. c. 4, § 7(26)(c).
55
Worcester Telegram & Gazette Corporation v. Chief of Police of Worcester, 58 Mass App
Ct 1, 5 (2003).
56
Wakefield Teacher’s Association, 431 Mass. at 798.
57
See Worcester Telegram & Gazette Corp., 436 Mass. at 386.
58
See Worcester Telegram & Gazette Corp., 58 Mass. App. Ct. at 9.
59
Wakefield Teachers Association v. School Committee of Wakefield, 431 Mass. 792, 798
(2000); see also Connolly v. Bromery, 15 Mass. App. Ct. 661, 664 (1983) (evaluative
materials are of a particularly personal and volatile nature).
60
Wakefield Teachers Association v. School Committee of Wakefield, 431 Mass. 792, 798
(2000); see also Brogan v. School Committee of Westport, 401 Mass. 306, 308 (1987);
Pottle v. School Committee of Braintree, 395 Mass. 861, 866 (1985); George W. Prescott
Publishing Company v. Register of Probate for Norfolk County, 395 Mass. 274, 278
(1985).
16  A Guide to the Massachusetts Public Records Law

The Appeals Court of Massachusetts distinguished “personnel records” from

“internal affairs” records. The Appeals Court held that materials in a police
internal affairs investigation are different in kind from the ordinary
evaluations, performance assessments and disciplinary determinations
encompassed in the public records exemption for personnel files or
information.61 The Appeals Court held that officers’ reports, witness interview
summaries, and the internal affairs report itself do not fall within the
personnel information exemption, as these documents relate to the workings
and determinations of the internal affairs process whose quintessential
purpose is to inspire public confidence.62

Public employees have a diminished expectation of privacy in matters relating

to their public employment.63 Consequently, the public will have greater
access to information that relates to an individual’s public employment than to
the same individual’s private activities.64 For example, an individual’s public
employment salary is a public record, but the source or amount of private
income generally is not public information.65

The second clause of the privacy exemption applies to requests for records
that implicate privacy interests. Its application is limited to “intimate details of
a highly personal nature.”66 Examples of “intimate details of a highly personal
nature” include marital status, paternity, substance abuse, government
assistance, family disputes and reputation.67 Portions of records containing
such information are exempt unless there is a paramount public interest in
disclosure.68

When applying the second clause of the exemption to requested records it is

necessary to perform a two-step analysis: first, determine whether the
information constitutes an “intimate detail” and second, determine whether the
public interest in disclosure outweighs the privacy interest associated with
disclosure.69 Consequently, the application of the second clause of the
exemption must be determined on a case-by-case basis.

For example: Can a public employee’s employment application and work

evaluation be disclosed?

61
Wakefield Teachers Association v. School Committee of Wakefield, 431 Mass. 792, 799
(2000).
62
Worcester Telegram & Gazette Corp. v. Chief of Police of Worcester, 58 Mass. App. Ct. 1,
8-9 (2003).
63
Brogan v. School Committee of Westport, 401 Mass. 306, 308 (1987).
64
Hastings & Sons Pub. Co. v. City Treasurer of Lynn, 374 Mass. 812, 818 (1978).
65
Attorney General v. Collector of Lynn, 377 Mass. 151, 156 (1979).
66
Attorney General v. Assistant Commissioner of the Real Property Department of Boston,
380 Mass. 623, 625 (1980).
67
Id. at 626 n. 2.
68
Collector of Lynn, 377 Mass. at 156.
69
Id.
 A Guide to the Massachusetts Public Records Law  17

Under the first clause of Exemption (c), certain personnel records may be
withheld, therefore, the records custodian may properly withhold certain
employment applications and work evaluations under Exemption (c).

Candidates for state employment must provide prospective employers with

written disclosure of any relative who is also a state employee. The content of
this disclosure is considered public under the Public Records Law.70

For example: Does Exemption (c) permit resumes of public officials to be

withheld from disclosure?

Some of the information contained in a resume may be exempt from

disclosure because it relates to a specifically identifiable individual and is the
type of information that is useful in making employment decisions.
Exemption (c) does not, however, automatically render resumes exempt in
their entirety. The statutory exemptions are narrowly construed and are not
blanket in nature. The Public Records Law requires a case-by-case analysis of
the applicability of its exemptions. Relevant degrees and certifications may be
subject to disclosure upon request. Public employees have a diminished
expectation of privacy in matters relating to their public employment and the
public has a legitimate interest in knowing whether public employees possess
the qualifications necessary to perform their jobs.

For example: Are settlement agreements exempt under the Public Records
Law?

The public interest in the financial information of a public employee

outweighs the privacy interest where the financial compensation in question is
drawn on an account held by a government entity and comprised of taxpayer
funds. Additionally, the disclosure of the settlement amount would assist the
public in monitoring government operations. Therefore, exemptions to the
Public Records Law will not operate to allow for the withholding of
settlement agreements as a whole. However, portions of the agreements, and
related responsive records, may be redacted pursuant to specifically-cited
exemptions to the Public Records Law.

For example: Are the names and addresses of customers of a municipally

owned utility public?

The analysis is subjective in nature and requires a balancing of the public’s

right to know against the relevant privacy interests at stake. The second clause
of Exemption (c) applies to “intimate details of a highly personal nature.”
Names and addresses of residents of Massachusetts over seventeen years of
age are not intimate details of a highly personal nature, because they are
available in other venues, such as street lists. Since neither the names nor the

70
See G. L. c. 268A, § 6B.
18  A Guide to the Massachusetts Public Records Law

addresses of the customers are intimate details of a highly personal nature, the
balancing test between individual’s privacy interests and the public interest in
disclosure does not apply.

Exemption (d) – The Deliberative Process Exemption

Exemption (d) provides a limited executive privilege for policy development.
It applies to:

inter-agency or intra-agency memoranda or letters relating to policy

positions being developed by the agency; but this subclause shall not
apply to reasonably completed factual studies or reports on which the
development of such policy positions has been or may be based71

The exemption is intended to avoid release of materials that could taint the
deliberative process if prematurely disclosed. Its application is limited to
recommendations on legal and policy matters found within an ongoing
deliberative process.72 Factual reports which are reasonably complete and
inferences which can be drawn from factual investigations, even if labeled as
opinions or conclusions, are not exempt as deliberative or policy making
materials.73 Only portions of records that possess a deliberative or
policymaking character and relate to an ongoing deliberative process are
exempt from mandatory disclosure.

For example: Is a town’s appraisal report, prepared for the purpose of

litigation before the Appellate Tax Board, a public record?

Such a report may contain recommendations to the town. As long as the town
is still negotiating a settlement, the deliberative process has not been
concluded and the report may be withheld under Exemption (d).

Exemption (e)
Exemption (e) allows the withholding of:

notebooks and other materials prepared by an employee of the

commonwealth which are personal to him and not maintained as part
of the files of the governmental unit74

The application of Exemption (e) is limited to records that are work-related

but can be characterized as personal to an employee. Materials covered by the
exemption include personal reflections on work-related activities and notes

71
G. L. c. 4, § 7(26)(d).
72
Babets v. Sec’y of the Exec. Office of Human Servs., 403 Mass. 230, 237 n.8 (1988).
73
Moore-McCormack Lines, Inc. v. I.T.O. Corporation of Baltimore, 508 F.2d 945, 948
(1974) (construing cognate federal provision).
74
G. L. c. 4, § 7(26)(e).
 A Guide to the Massachusetts Public Records Law  19

created by an employee to assist him in preparing reports for other employees

or for the files of the governmental entity. The exemption may not be used to
withhold any materials that are shared with other employees or are being
maintained as part of the files of a governmental unit.75

For example: A requester sought all documents from a government entity

related to a particular issue. The responsive records included personal notes of
the government entity’s employee. Are these notes public?

Notes are not public if they are personal in nature, kept by the employee
merely to assist him in preparing reports, are not shared with anyone in the
department and are not maintained as part of the department’s files.

For example: Are handwritten shorthand notes taken by the secretary of a

public body a public record?

Such notes are not personal in nature simply because they contain the
secretary’s subjective impressions of a board meeting. The notes cannot be
considered merely a reference to assist the secretary in fulfilling duties, but
rather the notes comprise a government file itself.

Where notes of open meetings have been taken by secretaries, it has been held
that the notes are public at the time that they are created. In a sense, the notes
are minutes even though not yet approved. Accordingly, Exemption (e) does
not provide a basis for withholding of such notes.

Exemption (f) - The Investigatory Exemption

Exemption (f), the investigatory exemption, provides custodians a basis for
withholding:

investigatory materials necessarily compiled out of the public view by

law enforcement or other investigatory officials the disclosure of which
materials would probably so prejudice the possibility of effective law
enforcement that such disclosure would not be in the public interest76

The exemption allows investigative officials to withhold materials that could

compromise investigative efforts if disclosed. Exemption (f) does not,
however, create a blanket exemption for all records that investigative officials
create or maintain.77 A records custodian must demonstrate a prejudice to
investigative efforts in order to withhold requested materials. Accordingly, a
records custodian may withhold any information relating to an ongoing

75
G. L. c. 4, § 7(26)(e).
76
G. L. c. 4, § 7(26)(f).
77
District Attorney for the Norfolk District v. Flatley, 419 Mass. 507, 512 (1995); WBZ-TV4
v. District Attorney for the Suffolk District, 408 Mass. 595, 603 (1990).
20  A Guide to the Massachusetts Public Records Law

investigation that could potentially alert suspects to the activities of

investigative officials.

Records custodians may withhold confidential investigative techniques

indefinitely since their disclosure would prejudice future law enforcement
efforts.78

The legislature also designed the exemption to allow investigative officials to

provide an assurance of confidentiality to private citizens so that they will
speak openly about matters under investigation.79 Any details in witness
statements, which if released create a grave risk of directly or indirectly
identifying a private citizen who volunteers as a witness are indefinitely
exempt.80

For example: If a requested incident report contains witness statements, can a

police department use Exemption (f) to withhold the requested report in its
entirety?

Generally, a police incident report may be released to a requester after the

records custodian has redacted the exempt portions from the record, such as,
medical information and witness statements. A records custodian may be
permitted to withhold an entire report if the identity of witnesses is known to
the requester. Such a record could not possibly be redacted in a manner to
avoid identification of such witnesses.

Exemption (g)
Exemption (g) applies to:

trade secrets or commercial or financial information voluntarily

provided to an agency for use in developing governmental policy and
upon a promise of confidentiality; but this subclause shall not apply to
information submitted as required by law or as a condition of receiving
a governmental contract or other benefit81

To properly claim Exemption (g), a custodian must meet all six criteria
contained in the exemption: (1) trade secrets or commercial or financial
information; (2) voluntarily provided to a government entity; (3) for use in
developing government policy; (4) upon an assurance of confidentiality; (5)
information not submitted by law; and (6) information not submitted as a

78
Bougas v. Chief of Police of Lexington, 371 Mass. 59, 62 (1976); see also United States
Department of Justice v. Landano, 113 S. Ct. 2014, 2020 (1993) (discussion of confidential
sources of information under the federal Freedom of Information Act.).
79
Bougas, 371 Mass at 62.
80
Globe Newspaper Co. v. Boston Retirement Bd., 388 Mass. 427, 438 (1983) (explanation
of “identifying details” and “grave risk of indirect identification”).
81
G. L. c. 4, § 7(26)(g).
 A Guide to the Massachusetts Public Records Law  21

condition of receiving a governmental benefit. Consequently, this exemption

does not apply to information that companies provide to the government in
connection with a contract bid or in compliance with a filing requirement.82

For example: Is a Memorandum submitted as an exhibit in a hearing before

the Securities Division of the Secretary of the Commonwealth Office a public
record?

In this case, the entity did not satisfy all six criteria of Exemption (g). The first
criterion was met as the Memorandum contained commercial information. All
of the remaining criteria, however, were not met because the Memorandum
was not voluntarily submitted, was not provided for use in developing
government policy, and was not submitted upon a promise of confidentiality.

Exemption (h)
Exemption (h) serves to protect the integrity of the bidding processes used by
the government to procure goods and services by allowing a records custodian
to withhold the proposals of early bidders from other interested parties.83 The
exemption allows government officials to review bids and proposals in an
insulated environment, but also provides for public review of all evaluative
materials once a decision is reached.

Competitive bidding ensures full publicity of the contract and encourages the
guarding of the public welfare.84 Although the competitive bidding process
does not have the advantages of more flexible purchasing policies, the
legislature has mandated the process to foster honesty and accountability in
government.85 Specifically, Exemption (h) applies to:

proposals and bids to enter into any contract or agreement until the
time for the opening of bids in the case of proposals or bids to be
opened publicly, and until the time for the receipt of bids or proposals
has expired in all other cases; and inter-agency or intra-agency
communications made in connection with an evaluation process for
reviewing bids or proposals, prior to a decision to enter into
negotiations with or to award a contract to, a particular person86

The exemption addresses two types of records held by an awarding authority

(records custodian), each with its own time frame. Proposals may be withheld
until the time for the receipt of proposals has expired. Bids may be withheld
until such time as the bids are publicly opened and read by the awarding
82
Id.
83
Datatrol Inc. v. State Purchasing Agent, 379 Mass. 679, 691 (1980) (the purposes of
competitive bidding go beyond economy and efficient administration to the prevention of
favoritism in the awarding of government contracts).
84
Id. at 699.
85
Id. at 701.
86
G. L. c. 4, § 7(26)(h).
22  A Guide to the Massachusetts Public Records Law

authority. This allows the proposals of early bidders to be kept in confidence

so that subsequent bidders do not gain an unfair advantage, thus, keeping all
on equal footing. The limitation on the duration of the exemption provides the
public with an opportunity to review the rejected proposals to ensure that
taxpayer dollars are wisely spent.

The second clause of the exemption is similar to Exemption (d) in its

application.87 It allows government officials to withhold any inter-agency or
intra-agency communications regarding the evaluations of the bids or
proposals until the records custodian renders a decision to enter into
negotiations with the successful bidder or awards the contract.

For example: May the records custodian withhold proposal and bid
documents until the records custodian has finalized a contract with the
construction company or developer?

The first clause of Exemption (h) allows the records custodian to withhold
proposals and bids from disclosure until the time for the opening bids or until
the time for receipt of proposals has expired. Once that occurs, the proposals
and bids no longer fall under the protection of Exemption (h) and can no
longer be withheld.

For example: May the records custodian withhold any records concerning the
evaluations of the bidders and the awarding process, and at what point do the
records become public?

The second clause of Exemption (h) allows the records custodian to withhold
any inter-agency or intra-agency communications that are made in the process
of reviewing the bids and proposals, prior to entering into negotiations with or
to award the contract to a particular person. The records custodian may
withhold the records pursuant to Exemption (h) only until the contract has
been awarded. Once a decision has been made to enter into negotiations the
records custodian can no longer withhold the records.

Exemption (i)
The purpose of Exemption (i) is to provide governmental entities engaged in
the acquisition of real property, either through a purchase or an eminent
domain proceeding, the same degree of confidentiality that is afforded to
private parties. The exemption ensures that the government will not be at a
bargaining disadvantage by allowing the other party to use the Public Records
Law to gain access to an appraisal prior to completion of negotiations or
litigation. Exemption (i) applies to:

appraisals of real property acquired or to be acquired until (1) a final

87
G. L. c. 4, § 7(26)(d); See also discussion of the application of Exemption (d) in the
Massachusetts Guide to the Public Records Law.
 A Guide to the Massachusetts Public Records Law  23

agreement is entered into; or (2) any litigation relative to such

appraisal has been terminated; or (3) the time within which to
commence such litigation has expired88

Application of Exemption (i) is limited to situations in which a governmental

entity is concerned that disclosure of the subject appraisal will compromise its
ability to effectively negotiate a fair purchase or sale price for the property.
The legislature defined “appraisal” as any written analysis, opinion, or
conclusion prepared by a real estate appraiser relating to the nature, quality,
value or utility of specified interests in, or aspects of, identified real estate.89

The language of the statute is clear that the three provisions are alternative
rather than requisite conditions. Therefore, once one of the three alternatives
has occurred, Exemption (i) will no longer serve as a means to withhold the
subject appraisal.

For example: May a housing authority (records custodian) withhold

appraisals pursuant to Exemption (i) where the records custodian has entered
into a final agreement with the property owner and the property owner has
agreed to forgo all possible eminent domain claims against the housing
authority?

Once one of the three provisions of the exemption has occurred, Exemption (i)
cannot be used to withhold the subject appraisal. In this case, the parties
reached a final agreement regarding the property, therefore, the exemption no
longer applied and the records custodian could not continue to withhold the
appraisals.

For example: Where a requester seeks appraisal documents on a parcel for

which a negotiated final settlement has been reached, may the records
custodian withhold the appraisals on all the parcels of land being acquired for
the project until it reaches final agreement on all the parcels and the litigation
on the parcels is finalized?

Exemption (i) is parcel specific and the records custodian is may only
withhold an appraisal until an agreement has been reached, litigation relative
to the appraisal has been terminated, or the time within which to commence
such litigation has expired. In this situation, the appraisal sought by the
requester pertained to a parcel that had already been acquired, and the records
custodian was ordered to produce the appraisal documents for that specific
parcel.90

88
G. L. c. 4, § 7(26)(i).
89
G. L. c. 112, § 173 (definition of appraisal).
90
Coleman v. Boston Redevelopment Authority, 61 Mass. App. Ct. 239 (2004).
24  A Guide to the Massachusetts Public Records Law

Exemption (j)
Exemption (j) allows records custodians of firearm records to withhold:

the names and addresses of any persons contained in, or referred to in,
any applications for any licenses to carry or possess firearms issued
pursuant to chapter one hundred and forty or any firearms
identification cards issued pursuant to said chapter one hundred and
forty and the names and addresses on sales or transfers of any
firearms, rifles, shotguns, or machine guns or ammunition therefor, as
defined in said chapter one hundred and forty and the names and
addresses on said licenses or cards91

The purpose of Exemption (j) is to prevent individuals with devious motives

from ascertaining the identities of those who possess firearms. The scope of
the exemption is limited to restricting the public disclosure of the name and
address of the individual.92

Clearly, on its face the exemption does not permit the records custodian to
withhold the firearm application or identification card in its entirety.
Exemption (j) allows the identifying data, in particular, the name and address
of the licensee to be deleted from the record prior to disclosure. It is
exceptional that there are both an exemption prohibiting the release of the
identity and a separate statute mandating confidentiality of records.93 This
lends credibility to the supposition that the legislature was especially
concerned about release of this type of information.

For example: What if the records custodian receives a request for firearm
records of a specifically named individual, such as, “I request all gun permits
issued to John Smith”?

Here, the records custodian should withhold the entire record, because even if
the name and address are redacted, the requester knows with certainty that this
particular record pertains to John Smith. It is impossible for the records
custodian to protect Mr. Smith’s identity.

For example: Is the records custodian permitted to withhold identifying

information, other than name and address, such as a criminal offender record
information (C.O.R.I.) or social security numbers?

The records custodian should review all the exemptions in the Public Records
Law to see whether one or more of them are applicable, redact the information
and claim the proper exemptions.94 For instance, C.O.R.I. must be redacted

91
G. L. c. 4, § 7(26)(j).
92
G. L. c. 4, § 7(26)(j).
93
G. L. c. 140, §§ 121-131P. (discussing sale of firearms).
94
G. L. c. 4, § 7(26) (exemptions to the Public Records Law).
 A Guide to the Massachusetts Public Records Law  25

before disclosing the gun application pursuant to Exemption (a), and social
security numbers contained in the application may be withheld pursuant to
Exemption (c). Please reference the Appendix of this Guide for other
examples of statutes that specifically exempt records from disclosure.

Exemption (k). Repealed, 1988 Mass Acts 180, § 2.

Although Exemption (k) was repealed, the legislature retained the substance
of the exemption, incorporating the language into another section of the
General Laws. It reads: “…[T]hat part of the records of a public library
which reveals the identity and intellectual pursuits of a person using such
library shall not be a public record as defined by clause Twenty-sixth of
section seven of chapter four95

G. L. c. 78, § 7 operates through Exemption (a) of the Public Records Law to

provide a basis for denying access to library circulation records.96

Exemption (l)
Exemption (l) provides a basis for withholding from disclosure:

questions and answers, scoring keys and sheets and other materials
used to develop, administer or score a test, examination or assessment
instrument; provided, however, that such materials are intended to be
used for another test, examination or assessment instrument97

The purpose of Exemption (l) is to prevent individuals from gaining an unfair

advantage by using the Public Records Law to access test questions and
answers prior to the administration of an examination.

As long as the same materials are used to administer subsequent examinations,

the custodian of records may continue to withhold the materials pursuant to
Exemption (l). The action to withhold the testing materials ensures that the
integrity of future testing is not jeopardized.

For example: May a records custodian withhold a copy of a middle school

mid-term examination, when the request is made by a parent of one of the
school’s students?

Where the school has proven that the test questions administered to this
student on this mid-term examination will be used for future examinations, the
school may properly withhold the testing materials pursuant to Exemption (l).

95
G. L. c. 78, § 7 (discussing Public Libraries).
96
G. L. c. 4, § 7(26)(a).
97
G. L. c. 4, § 7(26)(l).
26  A Guide to the Massachusetts Public Records Law

For example: May a records custodian withhold testing materials, when a

request is made for all documents related to the issue of discrimination in the
Massachusetts Comprehensive Assessment System (MCAS)?

Pursuant to Exemption (l), the records custodian may properly withhold the
test questions and answers, and any other testing materials that are currently
used or may be used to administer subsequent MCAS examinations.

Exemption (m)
Exemption (m) applies to:

contracts for hospital or related health care services between (i) any
hospital, clinic or other health care facility operated by a unit of state,
county or municipal government and (ii) a health maintenance
organization arrangement approved under chapter one hundred and
seventy-six I, a nonprofit hospital service corporation or medical
service corporation organized pursuant to chapter one hundred and
seventy-six A and chapter one hundred and seventy-six B, respectively,
a health insurance corporation licensed under chapter one hundred
and seventy- five or any legal entity that is self insured and provides
health care benefits to its employees98

Although Exemption (m) has yet to be interpreted by any Massachusetts court,

the language of the exemption is clear. The exemption pertains to contracts for
hospital or healthcare services between a government-operated healthcare
facility and a health maintenance organization or health insurance corporation.

To properly claim Exemption (m), the records custodian must meet all four
criteria contained in the exemption: (1) the record must be a contract; (2) the
contract must be for hospital or related health care services; (3) one of the
contracting parties must be a government-operated medical facility; and (4)
the party providing services must be one of the entities described by the
exemption. If the requested record satisfies all of the criteria, the records
custodian may withhold the record pursuant to Exemption (m).

For example: May a city or town withhold records pertaining to the health
insurance plans and the costs of providing these health insurance benefits to
employees of the city or town pursuant to Exemption (m)?

Exemption (m) specifically applies only to records that are contracts for
hospital or related health care services. Additionally, one of the contracting
parties must be a government operated medical facility, such as a hospital or
clinic, and the party providing the services must be one of the entities
described by the exemption. The requested records do not satisfy the criteria

98
G. L. c. 4, § 7(26)(m).
 A Guide to the Massachusetts Public Records Law  27

of the exemption; therefore, the list of health insurance plans and the costs of
providing these as employee benefits may not be withheld pursuant to
Exemption (m).

Exemption (n)
Exemption (n) applies to:

records, including, but not limited to, blueprints, plans, policies,

procedures and schematic drawings, which relate to internal layout
and structural elements, security measures, emergency preparedness,
threat or vulnerability assessments, or any other records relating to
the security or safety of persons or buildings, structures, facilities,
utilities, transportation, cyber security or other infrastructure located
within the commonwealth, the disclosure of which, in the reasonable
judgment of the record custodian, subject to review by the supervisor
of public records under subsection (c) of section 10 of chapter 66, is
likely to jeopardize public safety or cyber security.99

This exemption is intended to secure the safety of persons and public places
by restricting access to records that may have been previously open to public
inspection. The nature of the exemption requires a records custodian to make
some value judgment regarding the requester in order to decide whether to
release the information sought.

Making such a value judgment is specifically antithetic to the previously

expounded presumptions that all records are public records and all requesters
shall be treated uniformly. The legislature was informed in writing of this
radical and disparate change in the Public Records Law but chose to retain the
language thereby clearly indicating its intent to provide records custodians
with the discretion to withhold applicable records.

A records custodian should review a request for such records promptly and
completely to gather all facts surrounding the request. The records custodian
is not prevented from engaging the requestor in conversation by asking the
requester to voluntarily provide additional information in order to reach a
“reasonable judgment,” but a records custodian may not “require” the
requester to provide personal information.

For example: If a records custodian discloses a set of blueprints under

Exemption (n) to one requestor, must the same blueprints be made available to
all subsequent requestors?

This exemption is unique in its application in that the disclosure of records to

one requestor does not render the records public to all. If a records custodian

99
G. L. c. 4, § 7 (26)(n).
28  A Guide to the Massachusetts Public Records Law

determines that disclosure of the records to a specific requestor would not

compromise public safety, the records custodian may then withhold the same
records to later requestors if, in the reasonable judgment of the records
custodian, release of the records to those subsequent requestors would
jeopardize public safety.

Exemption (o)
Exemption (o) applies to:

the home address, personal email address and home telephone number
of an employee of the judicial branch, an unelected employee of the
general court, an agency, executive office, department, board,
commission, bureau, division or authority of the commonwealth, or of
a political subdivision thereof or of an authority established by the
general court to serve a public purpose, in the custody of a
government agency which maintains records identifying persons as
falling within those categories; provided that the information may be
disclosed to an employee organization under chapter 150E, a
nonprofit organization for retired public employees under chapter
180, or a criminal justice agency as defined in section 167 of chapter
6.100

For example: Would the address of a government employee found in payroll

records be public?

Exemption (o) applies to records that contain the home address, personal
email address or telephone number of an employee while identifying the
individual as a government employee. Given that payroll records identify an
individual as being a government employee while providing the employee’s
home address, and possibly telephone number in the same record, the home
address and telephone number would be subject to redaction under this
exemption.

Exemption (p)
Exemption (p) applies to:

the name, home address, personal email address and home telephone
number of a family member of a commonwealth employee, contained
in a record in the custody of a government agency which maintains
records identifying persons as falling within the categories listed in
subclause (o).101

100
G. L. c. 4, § 7 (26)(o).
101
G. L. c. 4, § 7 (26)(p).
 A Guide to the Massachusetts Public Records Law  29

The record must contain an individual’s home address, personal email address
or telephone number and identify the individual as being the family member
of a Commonwealth employee to be subject to redaction.

Exemption (q)
Exemption (q) allows for the withholding of:

Adoption contact information and indices therefore of the adoption

contact registry established by section 31 of chapter 46102

The registry of vital records and statistics maintains a voluntary adoption

contact information registry for the purpose of connecting parents listed on the
initial birth certificate to any of their children who were adopted by others.103
The adoption contact registry contains the addresses and other information
supplied by parents and adoptees necessary for one to contact the other. Any
contact information contained in the adoption contact registry, as well as
indices created from this registry, may be withheld under Exemption (q).

Exemption (r)
Exemption (r) applies to:

Information and records acquired under chapter 18C by the office of

the child advocate104

The records created and received by the Office of the Child Advocate
pursuant to Chapter 18C may be withheld under this exemption.105

Exemption (s)
Exemption (s) applies to:

trade secrets or confidential, competitively-sensitive or other

proprietary information provided in the course of activities conducted
by a governmental body as an energy supplier under a license granted
by the department of public utilities pursuant to section 1F of chapter
164, in the course of activities conducted as a municipal aggregator
under section 134 of said chapter 164 or in the course of activities
conducted by a cooperative consisting of governmental entities
organized pursuant to section 136 of said chapter 164, when such
governmental body, municipal aggregator or cooperative determines
that such disclosure will adversely affect its ability to conduct business

102
G. L. c. 4, § 7 (26)(q).
103
G. L. c. 46, § 31.
104
G. L. c. 4, § 7 (26)(r).
105
G. L. c. 18(c).
30  A Guide to the Massachusetts Public Records Law

in relation to other entities making, selling or distributing electric

power and energy; provided, however, that this subclause shall not
exempt a public entity from disclosure required of a private entity so
licensed106

Exemption (s) relates to certain records of public utility providers.

Exemption (t)
Exemption (t) applies to:

statements filed under section 20C of chapter 32107

Members of public retirement boards are required by statute to file a statement

of financial interest with the Public Employee Retirement Administration
Commission. The statement of financial interest document is exempt from
disclosure under Exemption (t).108

Exemption (u)
Exemption (u) applies to:

trade secrets or other proprietary information of the University of

Massachusetts, including trade secrets or proprietary information
provided to the University by research sponsors or private concerns109

This exemption applies to certain records in the possession of the University

of Massachusetts.

106
G. L. c. 4, § 7 (26)(s).
107
G. L. c. 4, § 7 (26)(t).
108
See G. L. c. 32, § 20C.
109
G. L. c. 4, § 7 (26)(u).
 A Guide to the Massachusetts Public Records Law  31

Attorney-Client Communications and Attorney Work Product

In Suffolk Construction Co., Inc. v. Division of Capital Asset Management
(Suffolk), the Massachusetts Supreme Judicial Court (Court) held that
confidential communications between governmental entities and their legal
counsel undertaken for the purpose of obtaining legal advice or assistance are
protected under the normal rules of the attorney-client privilege.110

The legislature conferred to the Supervisor of Records (Supervisor) the

authority to render determinations on the public status of records.111
Additionally, the Court has interpreted the Supervisor’s authority to include
issuing decisions on whether records are privileged.112 As a result, the
Supervisor has the authority to determine whether records may be withheld as
privileged documents. This office will issue determinations regarding this
privilege on a case-by-case basis.

Computer Records
The statutory definition of “public records” does not distinguish between
paper records and electronically stored information (ESI).113 Rather, the law
provides that all information made or received by a public entity, regardless of
the manner in which it exists, constitutes “public records.” A records
custodian is obliged to furnish copies of non-exempt portions of computerized
information at the cost of reproduction, unless otherwise provided by law.

To the extent feasible, RAOs must provide public records to a requester in

electronic format unless the record is not available in electronic form or the
requester does not have the ability to receive or access the records in
electronic format. If feasible, the records should be provided in the requester’s
preferred format. In the absence of a preferred format, the records must be
provided in a searchable machine-readable form.114

It should be noted, however, that as with paper records a records custodian is

not required to create a computer record in response to a request for
information. A records custodian is only obliged to provide access to existing
files. A records custodian is not required to create a new computer program to
provide a requester with computerized information in a desired format. There
is, however, an exception to this general rule when the reprogramming is
needed to comply with the segregation provision of the law.
110
Suffolk Constr. Co. v. Div. of Capital Asset Mgmt., 449 Mass. 444, 449-50 (2007).
111
G. L. c. 66, § 10 (b); See Hull Municipal Lighting Plant v. Massachusetts Municipal
Wholesale Electric Co., 414 Mass. 609, 614-15 (1993).
112
See Id. at 610 (Supervisor may delineate whether documents are privileged or exempted
from the Public Records Law).
113
G. L. c. 4, § 7(26).
114
950 CMR 32.04(5).
32  A Guide to the Massachusetts Public Records Law

For example: A request is made for a spreadsheet summarizing expenses for

various goods purchased by a government entity.

A records custodian is not obligated to create a new record if such a record

does not exist at the time of the request. In this situation, the RAO is only
obliged to notify the requester that there is no record responsive to the request.
The RAO should also advise the requester of other available documents or
files that could be responsive to the request.

The creation of records, including the honoring of prospective requests, is not

governed by the Public Records Law; therefore, the RAO is free to negotiate
all terms of the arrangement.115 Consequently, if a requester is willing to pay
for the work, the records custodian may create a digital record to respond to
the request.

Geographic Information Systems (GIS)

A GIS is a computer system designed to store, capture, analyze and display
geographically referenced information. Often, the information that comprises
Commonwealth or municipal GIS databases is submitted by private surveyors
and engineers who exercise intellectual property rights over nonfactual
portions of the materials.

While there are no Massachusetts court cases interpreting this issue, it is clear
that the legislature did not carve out specific exemptions from the
Massachusetts Public Records Law allowing protected intellectual property in
the custody of a governmental entity to be withheld from public
dissemination. The Public Records Law does not serve to preempt federal
intellectual property law, nor does the Public Records Law exonerate those
who violate intellectual property rights validly held by private individuals or
governmental entities once the public GIS records have been released. As a
precaution, records custodians of GIS records are encouraged to indicate on
released GIS records that the information contained in the records may be
subject to intellectual property protections.

Given that GIS records are public, the fees a municipal records custodian may
assess for access to these records have been statutorily set. GIS records fall
under the category of public records that are not susceptible to ordinary means
of reproduction, thus, the Public Records Access Regulations provide that the
records custodian may assess the actual cost incurred in copying the requested

115
G. L. c. 4, § 7(26) (defining “public records” as materials which have already been “made
or received” by a public entity); see also 32 Op. Att’y Gen. 157, 165 (May 18, 1977)
(custodian is not obliged to create a record in response to a request for information) (the
Public Records Law and Regulations only apply to existing records; consequently, a
custodian is free to set any fee for creating a record).
 A Guide to the Massachusetts Public Records Law  33

records.116 Fees assessed for these records cannot serve as a deterrent for
access or as a means of generating revenue.

The Supervisor of Records

A requester who is denied access to any requested information may petition
the Supervisor of Records (Supervisor) for a review of the request. The
Supervisor will then instruct a staff attorney or another staff member to
contact the RAO and requester as needed to ascertain the relevant facts and
applicable law. The findings are then reported to the Supervisor to assist in
making a decision. The RAO will receive an administrative order if the
Supervisor determines that records are being improperly withheld or the
proposed fee is excessive.117 If the records custodian does not comply with an
order issued by the Supervisor, the case may be referred to the Office of the
Attorney General for enforcement.118

116
950 C.M.R. 32.07(2)(h).
117
G. L. c. 66, § 10A.
118
G. L. c. 66, § 10A; 950 CMR 32.08.
34  A Guide to the Massachusetts Public Records Law

Records Management
As the chief information officer for the Commonwealth, Secretary of the
Commonwealth William F. Galvin recognizes the importance of maintaining
records properly. With this understanding, the Secretary strongly encourages
the creation, adoption and implementation of a formal, written records
management program that includes specific standards for both paper and
electronic records.

In accordance with regulations promulgated by the Records Conservation

Board (RCB), each agency of the Commonwealth is required to submit Form
RCB-4 on an annual basis. Similarly, municipal agencies must submit Form
RMU-4. This Form states the name and title of each agency’s designated
records management officer or Records Liaison Officer. These forms are
available on the web at www.sec.state.ma.us/arc/arcrmu/rmuidx.htm.

If you need assistance filing out this form, or need additional information or
assistance in creating a Records Management Program, please contact the
Records Management Unit at 617-727-2816 or the Public Records Division at
617-727-2832.

Electronic Records Storage

The Records Conservation Board (RCB) implemented Electronic Records
Management Guidelines to assist records custodians in maintaining electronic
records.119 Records custodians are encouraged to review the Statewide
Records Retention Schedule or the Municipal Records Retention Manual for
more information on retention periods for records.

Records with a retention period of less than ten (10) years may be stored
exclusively electronically once the agency’s computer storage system has
been approved and the proper Application for Destruction Permission forms
have been submitted and approved. State agencies must submit forms RCB-1E
and RCB-2E to the RCB. Municipalities must submit forms RMU-1E and
RMU-2E to the Supervisor for approval. If you have any questions regarding
electronic records and storage, please do not hesitate to contact the Records
Management Unit at 617-727-2816.

Records Retention
It is the responsibility of government employees who create, receive and
maintain public records to ensure their safekeeping and availability to the
public.

119
www.sec.state.ma.us/arc/arcpdf/Electronic_Records_Guidelines.pdf.
 A Guide to the Massachusetts Public Records Law  35

An RAO’s obligations include not only responding to public records requests

but also ensuring that records will be available for review when requested.
Therefore, an RAO may not dispose of records until the retention period for
the specific records series has expired, and disposal of records has been
approved by the Supervisor of Records or the Records Conservation Board
(RCB).

Retention schedules for state and municipal agencies, as well as information

on records management, including permission forms for disposal of records,
may be accessed through the Secretary of the Commonwealth’s website, at
www.sec.state.ma.us/arc/arcrmu/rmuidx.htm.

The RCB is empowered “to require all departments of the Commonwealth to

report to it what series of records they hold, to set standards for the
management and preservation of such records, and to establish schedules for
the destruction, in whole, or in part, and transfer to the archives or another
appropriate division within the office of the state secretary, in whole, or in
part, of records no longer needed for current business.”120

The Records Management Unit (RMU) was created to provide records

management services and outreach to all state agencies and municipalities to
help them meet state record-keeping standards and requirements. The RMU
can provide agencies with retention schedules for specific records, as well as
information on proper disposal and destruction of records.

120
G. L. c. 30, § 42.
36  A Guide to the Massachusetts Public Records Law

Records Disposal Schedules

There are records disposal schedules for state agencies and municipal
agencies. Schedules describe records created as a result of a particular
activity; identify the content of the record; describe how the record is used;
and specify the lifecycle of the record.

Municipal Government

Municipal agencies must obtain the written permission of the Supervisor of

Records prior to destroying records. See the Municipal Records Retention
Manual for more information and instructions.

The following is a list of forms available on the Records Management Unit

homepage www.sec.state.ma.us/arc/arcrmu/rmuidx.htm via the link to
Municipal Agency Forms:

RMU-1E
Application for Systems Information Management Plan
Use this form to obtain approval for a retention plan for electronic record
keeping systems and databases.

RMU-2E
Application for Scanning and Destruction Permission
Use this form in conjunction with a previously approved RMU-1E form.

RMU-2
Application for Destruction Permission

RMU-2M
Application for Scanning and Destruction Permission
Use this form for records required to be microfilmed before they are
destroyed.

RMU-4
Records Liaison Officer Designation
Use this form to appoint an authorized agent for Records Management Unit
business.

State Government
State agencies must obtain the written permission of the Records Conservation
Board (RCB) prior to destroying records. State records custodians must be
aware of the retention requirements for their records. The RCB has combined
what were once many separate retention schedules into one Statewide Records
Retention Schedule (Schedule). The Schedule may be used by state agencies
in filing requests for destruction of records, as well as scanning, transferring
and microfilming records.
 A Guide to the Massachusetts Public Records Law  37

The following is a list of RCB forms, available on the Records Management

Unit homepage, via the link to State Agency Forms:

RCB-1E
Application for Systems Information Management Plan
Use this form to obtain approval for a retention plan for electronic record
keeping systems and databases.

RCB-2E
Application for Scanning and Destruction Permission
Use this form in conjunction with a previously approved RCB-1E form.

RCB-2
Application for Destruction Permission

RCB-2M
Application for Scanning and Destruction Permission
Use this form for records required to be microfilmed before they are
destroyed.

RCB-2T
Application for Transfer Permission
Use this form to request permission to implement the transfer provisions. This
form can be used for both transfer to the State Records Center and the
Massachusetts Archives.

RCB-4
Records Liaison Officer Designation
Use this form to appoint an authorized agent for Records Conservation Board
business.
38  A Guide to the Massachusetts Public Records Law

Maintenance and Storage of Public Records

Public records must be maintained and kept in a manner that allows access by
the general public, as they are subject to mandatory disclosure upon
request.121

The Supervisor of Records is responsible for ensuring that the records of the
Commonwealth and municipalities are maintained and stored as required by
law.122 In accordance with this duty, the following procedures have been
established to ensure security of and access to public records.

1. Records Access Officers (RAOs)

RAOs shall assist the custodian in preserving public records in

accordance with all applicable laws, rules, regulations and retention
schedules.123

2. Original Records Removed from Municipal Offices

a. Whenever original public records are removed from municipal

offices for use in the regular course of business to a private office
or home, they shall be stored in fire-resistant devices and safes
provided by the municipality.124

b. If fire-resistant storage outside of the municipal building cannot be

ensured, then no original records may be removed. However, the
RAO may create copies of records for use in a private office or
home.

3. Original Records Created Outside of Municipal Offices

a. Whenever original public records are created outside the municipal

offices, they shall be transferred on a regular and frequent basis to
secure storage in the municipal building.

b. If secure storage is available in an individual’s private office or

home, then copies of the records shall be maintained in the
municipal building, with the originals stored in secure storage at
the records custodian’s private office or home.

121
G. L. c. 66, § 10(a); see also Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-
90 (1979).
122
See G. L. c. 66, § 1.
123
G.L. c. 66, §6A(b); 950 C.M.R. 32.04(5).
124
G. L. c. 66, § 11.
 A Guide to the Massachusetts Public Records Law  39

4. Availability of RAO

Whenever it is necessary to work, or to keep original public records, in

a location other than the municipal building, RAOs shall be available
during regular posted office hours, at a location convenient to the
general public, for inspection and copying of the public records.

Please note that in such situations, copies of the public records must
also be maintained in the municipal building, in accordance with
paragraph 2(b), above.

In those instances in which the governmental entity does not have

regular business hours, a written notice shall be posted in a
conspicuous location, listing the name, position, address and telephone
number of the person to be contacted to obtain access to public
records.125

5. Transfer of Public Records upon Termination of Duties as

Government Employee

a. Whenever a government employee relinquishes his office or

terminates his duties, he shall deliver over to his successor all such
public records that he is not authorized by law to retain.126

These procedures are designed to ensure the safekeeping of public records so

that compliance with the Massachusetts Public Records Law by governmental
entities is best accomplished.

125
950 CMR 32.04(4).
126
See G. L. c. 66, § 14.
40  A Guide to the Massachusetts Public Records Law

Appendix
The provisions in this book are not the official versions of the Massachusetts
General Laws (MGL) or Code of Massachusetts Regulations (CMR).
Reasonable efforts have been undertaken to assure the validity of the
information provided at the time of publishing; however, do not depend on
this information without first consulting an official edition of the MGL or
CMR.

Public Records Law

G. L. c. 4, § 7(26)

Twenty–sixth, “Public records” shall mean 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,
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, or any
person, corporation, association, partnership or other legal entity which
receives or expends public funds for the payment or administration of
pensions for any current or former employees of the commonwealth or any
political subdivision as defined in section 1 of chapter 32, unless such
materials or data fall within the following exemptions in that they are:

(a) specifically or by necessary implication exempted from disclosure by

statute;

(b) related solely to internal personnel rules and practices of the government
unit, provided however, that such records shall be withheld only to the extent
that proper performance of necessary governmental functions requires such
withholding;

(c) personnel and medical files or information; also any other materials or data
relating to a specifically named individual, the disclosure of which may
constitute an unwarranted invasion of personal privacy;

(d) inter–agency or intra–agency memoranda or letters relating to policy

positions being developed by the agency; but this subclause shall not apply to
reasonably completed factual studies or reports on which the development of
such policy positions has been or may be based;

(e) notebooks and other materials prepared by an employee of the

commonwealth which are personal to him and not maintained as part of the
files of the governmental unit;
 A Guide to the Massachusetts Public Records Law  41

(f) investigatory materials necessarily compiled out of the public view by law
enforcement or other investigatory officials the disclosure of which materials
would probably so prejudice the possibility of effective law enforcement that
such disclosure would not be in the public interest;

(g) trade secrets or commercial or financial information voluntarily provided

to an agency for use in developing governmental policy and upon a promise of
confidentiality; but this subclause shall not apply to information submitted as
required by law or as a condition of receiving a governmental contract or
other benefit;

(h) proposals and bids to enter into any contract or agreement until the time
for the opening of bids in the case of proposals or bids to be opened publicly,
and until the time for the receipt of bids or proposals has expired in all other
cases; and inter–agency or intra–agency communications made in connection
with an evaluation process for reviewing bids or proposals, prior to a decision
to enter into negotiations with or to award a contract to, a particular person;
(i) appraisals of real property acquired or to be acquired until (1) a final
agreement is entered into; or (2) any litigation relative to such appraisal has
been terminated; or (3) the time within which to commence such litigation has
expired;

(j) the names and addresses of any persons contained in, or referred to in, any
applications for any licenses to carry or possess firearms issued pursuant to
chapter one hundred and forty or any firearms identification cards issued
pursuant to said chapter one hundred and forty and the names and addresses
on sales or transfers of any firearms, rifles, shotguns, or machine guns or
ammunition therefor, as defined in said chapter one hundred and forty and the
names and addresses on said licenses or cards;

(k) [Stricken.]

(l) questions and answers, scoring keys and sheets and other materials used to
develop, administer or score a test, examination or assessment instrument;
provided, however, that such materials are intended to be used for another
test, examination or assessment instrument;

(m) contracts for hospital or related health care services between (i) any
hospital, clinic or other health care facility operated by a unit of state, county
or municipal government and (ii) a health maintenance organization
arrangement approved under chapter one hundred and seventy–six I, a
nonprofit hospital service corporation or medical service corporation
organized pursuant to chapter one hundred and seventy–six A and chapter one
hundred and seventy–six B, respectively, a health insurance corporation
licensed under chapter one hundred and seventy–five or any legal entity that is
self insured and provides health care benefits to its employees.
42  A Guide to the Massachusetts Public Records Law

(n) records, including, but not limited to, blueprints, plans, policies,
procedures and schematic drawings, which relate to internal layout and
structural elements, security measures, emergency preparedness, threat or
vulnerability assessments, or any other records relating to the security or
safety of persons or buildings, structures, facilities, utilities, transportation,
cyber security or other infrastructure located within the commonwealth, the
disclosure of which, in the reasonable judgment of the record custodian,
subject to review by the supervisor of public records under subsection (c) of
section 10 of chapter 66, is likely to jeopardize public safety or cyber security.

(o) the home address, personal email address and home telephone number of
an employee of the judicial branch, an unelected employee of the general
court, an agency, executive office, department, board, commission, bureau,
division or authority of the commonwealth, or of a political subdivision
thereof or of an authority established by the general court to serve a public
purpose, in the custody of a government agency which maintains records
identifying persons as falling within those categories; provided that the
information may be disclosed to an employee organization under chapter
150E, a nonprofit organization for retired public employees under chapter
180, or a criminal justice agency as defined in section 167 of chapter 6.

(p) the name, home address, personal email address and home telephone
number of a family member of a commonwealth employee, contained in a
record in the custody of a government agency which maintains records
identifying persons as falling within the categories listed in subclause (o).

(q) Adoption contact information and indices therefore of the adoption contact
registry established by section 31 of chapter 46.

(r) Information and records acquired under chapter 18C by the office of the
child advocate.

(s) trade secrets or confidential, competitively-sensitive or other proprietary

information provided in the course of activities conducted by a governmental
body as an energy supplier under a license granted by the department of
public utilities pursuant to section 1F of chapter 164, in the course of activities
conducted as a municipal aggregator under section 134 of said chapter 164 or
in the course of activities conducted by a cooperative consisting of
governmental entities organized pursuant to section 136 of said chapter 164,
when such governmental body, municipal aggregator or cooperative
determines that such disclosure will adversely affect its ability to conduct
business in relation to other entities making, selling or distributing electric
power and energy; provided, however, that this subclause shall not exempt a
public entity from disclosure required of a private entity so licensed.

(t) statements filed under section 20C of chapter 32.

 A Guide to the Massachusetts Public Records Law  43

(u) trade secrets or other proprietary information of the University of

Massachusetts, including trade secrets or proprietary information provided to
the University by research sponsors or private concerns.

Any person denied access to public records may pursue the remedy provided
for in section 10A of chapter sixty–six.

Records Access Officers

G. L. c. 66, § 6A

(a) Each agency and municipality shall designate 1 or more employees as

records access officers. In a municipality, the municipal clerk, or the clerk's
designees, or any designee of a municipality that the chief executive officer of
the municipality may appoint, shall serve as records access officers. For the
purposes of this chapter the term "agency'' shall mean any entity, other than a
municipality, that is identified in clause twenty-sixth of section 7 of chapter 4
as possessing "public records,'' as defined therein.

(b) A records access officer shall coordinate an agency's or a municipality's

response to requests for access to public records and shall facilitate the
resolution of such requests by the timely and thorough production of public
records. Each records access officer shall:

(i) assist persons seeking public records to identify the records sought;

(ii) assist the custodian of records in preserving public records in

accordance with all applicable laws, rules, regulations and schedules;
and

(iii) prepare guidelines that enable a person seeking access to public

records in the custody of the agency or municipality to make informed
requests regarding the availability of such public records electronically
or otherwise.

Guidelines shall be updated periodically and shall include a list of

categories of public records maintained by the agency or municipality.
Each agency and municipality that maintains a website shall post the
guidelines on its website.

(c) Each agency and municipality shall post in a conspicuous location at its
offices and on its website, if any, the name, title, business address, business
telephone number, and business email address of each records access officer.
The designation of 1 or more records access officers shall not be construed to
prohibit employees who have been previously authorized to make public
records or information available to the public from continuing to do so. Any
44  A Guide to the Massachusetts Public Records Law

employee responsible for making public records available shall provide the
records in accordance with this chapter.

(d) The records access officer shall provide the public records to a requestor
by electronic means unless the record is not available in electronic form or the
requestor does not have the ability to receive or access the records in a usable
electronic form. The records access officer shall, to the extent feasible,
provide the public record in the requestor's preferred format or, in the absence
of a preferred format, in a searchable, machine readable format. The records
access officer shall not be required to create a new public record in order to
comply with a request, provided that furnishing a segregable portion of a
public record shall not be deemed to be creation of a new record. If the public
record requested is available on a public website pursuant to subsection (b) of
section 19 of this chapter, section 14C of chapter 7 or any other appropriately
indexed and searchable public website, the records access officer may furnish
the public record by providing reasonable assistance in locating the requested
record on the public website. An electronically produced document submitted
to an agency or municipality for use in deliberations by a public body shall be
provided in an electronic format at the time of submission.

(e) Each records access officer of an agency shall document each request for
public records submitted to the records access officer. The records access
officer shall document:

(i) the nature of the request and the date on which the request was
received;

(ii) the date on which a response is provided to the requestor;

(iii) the date on which a public record is provided to the requestor;

(iv) the number of hours required to fulfill the request;

(v) fees charged to the person making the request, if any;

(vi) petitions submitted under clause (iv) of subsection (d) of section

10;

(vii) requests appealed under section 10A;

(viii) the time required to comply with supervisor of records orders

under said section 10A; and

(ix) the final adjudication of any court proceedings under subsection

(d) of said section 10A.
 A Guide to the Massachusetts Public Records Law  45

Nothing in this subsection shall require a records access officer to disclose

information otherwise protected from public access. The secretary of the
commonwealth shall prescribe a form for recording such information and shall
annually collect the information from the records access officers, post the
information on a website maintained by the secretary and report the same to
the clerks of the house of representatives and senate.

(f) The supervisor of records shall document appeals filed under section 10A,
including:

(i) the date the request was submitted to the records access officer;

(ii) the date the records access officer responded;

(iii) the amount of fees charged to the requestor, if any;

(iv) petitions made pursuant to clause (iv) of subsection (d) of section

10;

(v) the time required to comply with supervisor of records orders

under said section 10A; and

(vi) the final adjudication of any court proceedings under subsection

(d) of said section 10A.

Nothing in this subsection shall require the supervisor to disclose information

otherwise protected from public access. The secretary of the commonwealth
shall prescribe a form for recording such information and shall post the
information on a website maintained by the secretary.

Public Inspection and Copies of Records

G. L. c. 66, § 10

(a) A records access officer appointed pursuant to section 6A, or a designee,

shall at reasonable times and without unreasonable delay permit inspection or
furnish a copy of any public record as defined in clause twenty-sixth of
section 7 of chapter 4, or any segregable portion of a public record, not later
than 10 business days following the receipt of the request, provided that:

(i) the request reasonably describes the public record sought;

(ii) the public record is within the possession, custody or control of the
agency or municipality that the records access officer serves; and
46  A Guide to the Massachusetts Public Records Law

(iii) the records access officer receives payment of a reasonable fee as

set forth in subsection (d).

A request for public records may be delivered to the records access

officer by hand or via first class mail at the record officer’s business
address, or via electronic mail to the address posted by the agency or
municipality that the records access officer serves.

(b) If the agency or municipality does not intend to permit inspection or

furnish a copy of a requested record, or the magnitude or difficulty of the
request, or of multiple requests from the same requestor, unduly burdens the
other responsibilities of the agency or municipality such that the agency or
municipality is unable to do so within the timeframe established in subsection
(a), the agency or municipality shall inform the requestor in writing not later
than 10 business days after the initial receipt of the request for public records.
The written response shall be made via first class or electronic mail and shall:

(i) confirm receipt of the request;

(ii) identify any public records or categories of public records sought

that are not within the possession, custody, or control of the agency or
municipality that the records access officer serves;

(iii) identify the agency or municipality that may be in possession,

custody or control of the public record sought, if known;

(iv) identify any records, categories of records or portions of records

that the agency or municipality intends to withhold, and provide the
specific reasons for such withholding, including the specific
exemption or exemptions upon which the withholding is based,
provided that nothing in the written response shall limit an agency’s or
municipality’s ability to redact or withhold information in accordance
with state or federal law;

(v) identify any public records, categories of records, or portions of

records that the agency or municipality intends to produce, and
provide a detailed statement describing why the magnitude or
difficulty of the request unduly burdens the other responsibilities of the
agency or municipality and therefore requires additional time to
produce the public records sought;

(vi) identify a reasonable timeframe in which the agency or

municipality shall produce the public records sought; provided, that for
an agency, the timeframe shall not exceed 15 business days following
the initial receipt of the request for public records and for a
municipality the timeframe shall not exceed 25 business
 A Guide to the Massachusetts Public Records Law  47

days following the initial receipt of the request for public records; and
provided further, that the requestor may voluntarily agree to a response
date beyond the timeframes set forth herein;

(vii) suggest a reasonable modification of the scope of the request or

offer to assist the requestor to modify the scope of the request if doing
so would enable the agency or municipality to produce records sought
more efficiently and affordably;

(viii) include an itemized, good faith estimate of any fees that may be
charged to produce the records; and

(ix) include a statement informing the requestor of the right of appeal

to the supervisor of records under subsection (a) of section 10A and
the right to seek judicial review of an unfavorable decision by
commencing a civil action in the superior court under subsection (c) of
section10A.

(c) If the magnitude or difficulty of a request, or the receipt of multiple

requests from the same requestor, unduly burdens the other responsibilities of
the agency or municipality such that an agency or municipality is unable to
complete the request within the time provided in clause (vi) of subsection (b),
a records access officer may, as soon as practical and within 20 business days
after initial receipt of the request, or within 10 business days after receipt of a
determination by the supervisor of public records that the requested record
constitutes a public record, petition the supervisor of records for an extension
of the time for the agency or municipality to furnish copies of the requested
record, or any portion of the requested record, that the agency or municipality
has within its possession, custody or control and intends to furnish. The
records access officer shall, upon submitting the petition to the supervisor of
records, furnish a copy of the petition to the requestor. Upon a showing of
good cause, the supervisor of records may grant a single extension to an
agency not to exceed 20 business days and a single extension to a
municipality not to exceed 30 business days. In determining whether the
agency or municipality has established good cause, the supervisor of records
shall consider, but shall not be limited to considering:

(i) the need to search for, collect, segregate or examine records;

(ii) the scope of redaction required to prevent unlawful disclosure;

(iii) the capacity or the normal business hours of operation of the

agency or municipality to produce the request without the extension;

(iv) efforts undertaken by the agency or municipality in fulfilling the

current request and previous requests;
48  A Guide to the Massachusetts Public Records Law

(v) whether the request, either individually or as part of a series of

requests from the same requestor, is frivolous or intended to harass or
intimidate the agency or municipality; and

(vi) the public interest served by expeditious disclosure.

If the supervisor of records determines that the request is part of a series of

contemporaneous requests that are frivolous or designed to intimidate or
harass, and the requests are not intended for the broad dissemination of
information to the public about actual or alleged government activity, the
supervisor of records may grant a longer extension or relieve the agency or
municipality of its obligation to provide copies of the records sought. The
supervisor of records shall issue a written decision regarding a petition
submitted by a records access officer under this subsection within 5 business
days following receipt of the petition. The supervisor of records shall provide
the decision to the agency or municipality and the requestor and shall inform
the requestor of the right to seek judicial review of an unfavorable decision by
commencing a civil action in the superior court.

(d) A records access officer may assess a reasonable fee for the production of
a public record except those records that are freely available for public
inspection. The reasonable fee shall not exceed the actual cost of reproducing
the record. Unless expressly provided for otherwise, the fee shall be
determined in accordance with the following:

(i) the actual cost of any storage device or material provided to a

person in response to a request for public records under subsection (a)
may be included as part of the fee, but the fee assessed for standard
black and white paper copies or printouts of records shall not exceed 5
cents per page, for both single and double-sided black and white
copies or printouts;

(ii) if an agency is required to devote more than 4 hours of employee

time to search for, compile, segregate, redact or reproduce the record
or records requested, the records access officer may also include as
part of the fee an hourly rate equal to or less than the hourly rate
attributed to the lowest paid employee who has the necessary skill
required to search for, compile, segregate, redact or reproduce a record
requested, but the fee (A) shall not be more than $25 per hour; (B)
shall not be assessed for the first 4 hours of work performed; and (C)
shall not be assessed for time spent segregating or redacting records
unless such segregation or redaction is required by law or approved by
the supervisor of records under clause (iv);

(iii) if a municipality is required to devote more than 2 hours of

employee time to search for, compile, segregate, redact or reproduce a
record requested, the records access
 A Guide to the Massachusetts Public Records Law  49

officer may include as part of the fee an hourly rate equal to or less
than the hourly rate attributed to the lowest paid employee who has the
necessary skill required to search for, compile, segregate, redact or
reproduce the record requested but the fee (A) shall not be more than
$25 per hour unless such rate is approved by the supervisor
of records under clause (iv); (B) shall not be assessed for the first 2
hours of work performed where the responding municipality has a
population of over 20,000 people; and (C) shall not be assessed for
time spent segregating or redacting records unless such segregation or
redaction is required by law or approved by the supervisor of records
under clause (iv);

(iv) the supervisor of records may approve a petition from an agency

or municipality to charge for time spent segregating or redacting, or a
petition from a municipality to charge in excess of $25 per hour, if the
supervisor of records determines that (A) the request is for a
commercial purpose; or (B) the fee represents an actual and good faith
representation by the agency or municipality to comply with the
request, the fee is necessary such that the request could not have been
prudently completed without the redaction, segregation or fee in
excess of $25 per hour and the amount of the fee is reasonable and the
fee is not designed to limit, deter or prevent access to requested public
records; provided, however, that:

1. in making a determination regarding any such petition, the

supervisor of records shall consider the public interest served
by limiting the cost of public access to the records, the
financial ability of the requestor to pay the additional or
increased fees and any other relevant extenuating
circumstances;

2. an agency or municipality, upon submitting a petition

under this clause, shall furnish a copy of the petition to the
requestor;

3. the supervisor of records shall issue a written

determination with findings regarding any such petition within
5 business days following receipt of the petition by the
supervisor of public records; and

4. the supervisor of records shall provide the determination to

the agency or municipality and the requestor and shall inform
the requestor of the right to seek judicial review of an
unfavorable decision by commencing a civil action in the
superior court;
50  A Guide to the Massachusetts Public Records Law

(v) the records access officer may waive or reduce the

amount of any fee charged under this subsection upon a
showing that disclosure of a requested record is in the public
interest because it is likely to contribute significantly to
public understanding of the operations or activities of the
government and is not primarily in the commercial interest
of the requestor, or upon a showing that the requestor lacks
the financial ability to pay the full amount of the reasonable
fee;

(vi) the records access officer may deny public records

requests from a requester who has failed to compensate the
agency or municipality for previously produced public
records;

(vii) the records access officer shall provide a written

notification to the requester detailing the reasons behind the
denial, including an itemized list of any balances attributed
to previously produced records;

(viii) a records access officer may not require the requester

to specify the purpose for a request, except to determine
whether the records are requested for a commercial purpose
or whether to grant a request for a fee waiver; and

(ix) as used in this section “commercial purpose” shall mean

the sale or resale of any portion of the public record or the
use of information from the public record to advance the
requester’s strategic business interests in a manner that the
requester can reasonably expect to make a profit, and shall
not include gathering or reporting news or gathering
information to promote citizen oversight or further the
understanding of the operation or activities of government or
or academic, scientific, journalistic or public research or
education

(e) A records access officer shall not charge a fee for a public record unless
the records access officer responded to the requestor within 10 business days
under subsection (b).

(f) As used in this section, “employee time” means time required by

employees or necessary vendors, including outside legal counsel, technology
and payroll consultants or others as needed by the municipality.
 A Guide to the Massachusetts Public Records Law  51

Administrative and Judicial Remedies

G. L. c. 66, § 10A

(a) If an agency or municipality fails to comply with a requirement of section

10 or issues a response the requestor believes in violation of section 10, the
person who submitted the initial request for public records may petition the
supervisor of records for a determination as to whether a violation has
occurred. In assessing whether a violation has occurred, the supervisor of
records may inspect any record or copy of a record in camera; provided,
however, that where a record has been withheld on the basis of a claim of the
attorney-client privilege, the supervisor of records shall not inspect the record
but shall require, as part of the decision making process, that the agency or
municipality provide a detailed description of the record, including the names
of the author and recipients, the date, the substance of such record, and the
grounds upon which the attorney-client privilege is being claimed. If an
agency or municipality elects to provide a record, claimed to be subject to the
attorney-client privilege, to the supervisor of records for in camera inspection,
said inspection shall not waive any legally applicable privileges, including
without limitation, the attorney- client privilege and the attorney work product
privilege. The supervisor of records shall issue a written determination
regarding any petition submitted in accordance with this section not later than
10 business days following receipt of the petition by the supervisor of records.
Upon a determination by the supervisor of records that a violation has
occurred, the supervisor of records shall order timely and appropriate relief. A
requestor, aggrieved by an order issued by the supervisor of records or upon
the failure of the supervisor of records to issue a timely determination, may
obtain judicial review only through an action in superior court seeking relief
in the nature of certiorari under section 4 of chapter 249 and as prescribed in
subsection (d).
(b) If an agency or municipality refuses or fails to comply with an order issued
by the supervisor of records, the supervisor of records may notify the attorney
general who, after consultation with the supervisor of records, may take
whatever measures the attorney general considers necessary to ensure
compliance. If the attorney general files an action to compel compliance, the
action shall be filed in Suffolk superior court with respect to state agencies
and, with respect to municipalities, in the superior court in the county in
which the municipality is located. The attorney general shall designate an
individual within the office of the attorney general to serve as a primary point
of contact for the supervisor of records. In addition to any other duties the
attorney general may impose, the designee shall serve as a primary point of
contact within the office of the attorney general regarding notice from the
supervisor of records that an agency or municipality has refused or failed to
comply with an order issued by the supervisor of records.
52  A Guide to the Massachusetts Public Records Law

(c) Notwithstanding the procedure in subsections (a) or (b), a requestor may

initiate a civil action to enforce the requirements of this chapter. Any action
under this subsection shall be filed in Suffolk superior court with respect to
agencies and, with respect to municipalities, in the superior court in the county
in which the municipality is located. The superior court shall have available
all remedies at law or in equity; provided, however, that any damages awarded
shall be consistent with subsection (d).
(d)(1) In any action filed by a requestor pursuant to this section:
(i) the superior court shall have jurisdiction to enjoin agency or
municipal action;
(ii) the superior court shall determine the propriety of any agency or
municipal action de novo and may inspect the contents of any
defendant agency or municipality record in camera, provided,
however, that the in camera review shall not waive any legally
applicable privileges, including without limitation, the attorney- client
privilege and the attorney work product privilege;
(iii) the superior court shall, when feasible, expedite the proceeding;
(iv) a presumption shall exist that each record sought is public and the
burden shall be on the defendant agency or municipality to prove, by a
preponderance of the evidence, that such record or portion of the
record may be withheld in accordance with state or federal law.
(2) The superior court may award reasonable attorney fees and costs in any
case in which the requester obtains relief through a judicial order, consent
decree, or the provision of requested documents after the filing of a
complaint. There shall be a presumption in favor of an award of fees and
costs unless the agency or municipality establishes that:
(i) the supervisor found that the agency or municipality did not violate
this chapter;
(ii) the agency or municipality reasonably relied upon a published
opinion of an appellate court of the commonwealth based on
substantially similar facts;
(iii) the agency or municipality reasonably relied upon a published
opinion by the attorney general based on substantially similar facts;
(iv) the request was designed or intended to harass or intimidate; or
(v) the request was not in the public interest and made for a
commercial purpose unrelated to disseminating information to the
public about actual or alleged government activity.
 A Guide to the Massachusetts Public Records Law  53

If the superior court determines that an award of reasonable attorney fees or

costs is not warranted, the judge shall issue written findings specifying the
reasons for the denial.
(3) If the superior court awards reasonable attorneys' fees and other litigation costs
reasonably incurred to the requestor, it shall order the agency or municipality to
waive any fee assessed under subsection (d) of section 10. If the superior court does
not award reasonable attorneys' fees and other litigation costs reasonably incurred to
the requestor, it may order the agency or municipality to waive any fee assessed
under said subsection (d) of said section 10. Whether the superior court determines to
waive any fee assessed under said subsection (d) of said section 10, it shall issue
findings specifying the basis for such decision.
(4) If a requestor has obtained judgment in superior court in a case under this section
and has demonstrated that the defendant agency or municipality, in withholding or
failing to timely furnish the requested record or any portion of the record or in
assessing an unreasonable fee, did not act in good faith, the superior court may assess
punitive damages against the defendant agency or municipality in an amount not less
than $1,000 nor more than $5,000, to be deposited into the Public Records Assistance
Fund established in section 35DDD of chapter 10.
(e) Notwithstanding any other provision of this chapter, the attorney general may, at any
time, file a complaint in Suffolk superior court with respect to agencies and, with respect to
municipalities, in the superior court in the county in which the municipality is located, to
ensure compliance with this chapter and may further intervene as of right in any action
filed in accordance with this section. In any action filed or in which the attorney general
has intervened under this subsection, paragraphs (1) and (4) of subsection (d) shall apply
and any public records the court orders produced shall be provided without a fee.

1973 Mass Acts c. 1050, § 6

The provisions of clause twenty-sixth of section seven of chapter four of the General Laws,
as amended by section one of this act, shall not be construed to exempt any record which
was a public record on the effective date of this act from said clause twenty-sixth.

Public Records Regulations

950 CMR 32.00: PUBLIC RECORDS ACCESS

Section

32.01: Scope and Purpose

32.02: Definitions
32.03: General Provisions
32.04: Records Access Officers
32.05: Additional Records Access Officer Responsibilities
32.06: Rights of Access
54  A Guide to the Massachusetts Public Records Law

32.07: Copies of Records; Fees

32.08: Appeals
32.09: Enforcement of Orders
32.10: Advisory Opinions

32.01: Scope and Purpose

(1) 950 CMR 32.00 describes the practices and procedures of the
Division of Public Records relative to the requirements of
governmental entities or political subdivisions of the
Commonwealth with respect to disclosure of public records,
reporting requirements for certain records access officers and
ensuring that disputes regarding access to particular records are
resolved expeditiously and fairly. 950 CMR 32.00 shall not limit
the availability of other remedies provided by law.

(2) The Division of Public Records is under the supervision of

the Supervisor of Public Records. The Supervisor may amend and
rescind such rules, forms and orders as are contemplated by the
provisions of the Massachusetts General Laws and as are
necessary to carry out their purposes.

(3) The Supervisor of Public Records may authorize exceptions

to 950 CMR 32.00 with respect to any specific requirement
provided that such exceptions to 950 CMR 32.00 are in
conformity with the provisions of the Massachusetts General
Laws.

32.02: Definitions

For the purposes of 950 CMR 32.00 unless the context otherwise
requires, the following terms shall have the meanings indicated:

Advisory Opinion. An opinion issued by the Supervisor of Public

Records intended to provide guidance on issues related to public
records access and retention.

Agency. Any agency, executive office, department, board,

commission, bureau, division or authority of the commonwealth
that is identified in M.G.L. c. 66, § 6A and c. 4, § 7, clause
Twenty-sixth and makes or receives "public records", as defined
in 950 CMR 32.02. Agency includes any person, corporation,
association, partnership or other legal entity which receives or
expends public funds for the payment or administration of
pensions for any current or former employees of the
commonwealth or any political subdivision as defined in M.G.L.
c. 32, § 1.
 A Guide to the Massachusetts Public Records Law  55

Business Day. Monday through Friday. Business day does not include
Saturdays, Sundays, legal holidays, or other weekdays where a custodian's
office is closed unexpectedly.

Commercial Purpose. The sale or resale of any portion of the public record or
the use of information from the public record to advance the requester's
strategic business interests in a manner that the requester can reasonably
expect to make a profit including in addition to the foregoing, obtaining
names and addresses from the public record for the purpose of solicitation. It
does not include gathering or reporting news or gathering information to
promote citizen oversight or further the understanding of the operation or
activities of government or for academic, scientific, journalistic, or public
research or education.

Custodian. Any governmental entity that makes or receives public records.

Division. Division of Public Records, Office of the Secretary of the

Commonwealth of Massachusetts.

Governmental Entity. Any agency or municipality as defined in 950 CMR

32.02. It includes any quasi-governmental agency that is considered a body
politic and corporate or public instrumentality. It does not include the
legislature and the judiciary.

Municipality. Cities and towns, local housing, redevelopment or similar

authorities. A consortium, consolidation or combination of entities within a
single political subdivision of the commonwealth or among multiple political
subdivisions of the commonwealth shall be deemed a municipality.

Public Record. 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 a
governmental entity unless such materials or data fall within one or more of
the exemptions found within M.G.L. c. 4, § 7, clause Twenty-sixth or other
legally applicable privileges.

Records Access Officer. The employee designated within a governmental

entity to perform duties described in 950 CMR 32.00 including coordinating a
response to requests for access to public records, assisting individuals seeking
public records in identifying the records requested, and preparing guidelines
that enable requesters to make informed requests regarding the availability of
such public records electronically or otherwise.

Requester. Any person or entity seeking to inspect or obtain copies of public

records.
56  A Guide to the Massachusetts Public Records Law

Redact. To delete, or otherwise expurgate that part of a public

record that is exempt from disclosure under M.G.L. c. 4, § 7,
clause Twenty-sixth or other legally applicable privileges from
non-exempt material.

Search Time. The time needed to locate and identify, pull from
the files, copy and reshelve or refile a public record. However, it
shall not include the time expended to create the original record.

Secretary. The Secretary of the Commonwealth of Massachusetts.

Segregation Time. The time used to review records to determine

what portions are subject to redaction or withholding under
M.G.L. c. 4, § 7, clause Twenty-sixth or other legally applicable
privileges. Segregation time shall not include time expended to
review record for accuracy and correct errors.

Supervisor. Supervisor of Public Records or Supervisor of

Records.

Withhold. To hold back from disclosure a record under M.G. L. c.

4, § 7, clause Twenty-sixth or other legally applicable privileges.

32.03: General Provisions

(1) Division Mailing Address and Electronic Mail Address. All

communications shall be addressed or delivered to:

Supervisor of Records
Division of Public Records
Office of the Secretary of the Commonwealth
One Ashburton Place, Room 1719
Boston, Massachusetts 02108
or: [email protected]

Electronic communication is strongly encouraged and is the

preferred method of correspondence.

(2) Division Business Hours. The regular hours of the Division

are from 8:45 A.M. to 5:00 P.M. each business day.

(3) Computation of Time. Unless otherwise provided, the

computation of time referred to in 950 CMR 32.00 shall begin
with the first business day following the date of receipt of any
request, regardless of physical form. The computation of time for
an oral request shall begin with the day the oral request was made
to the custodian.
 A Guide to the Massachusetts Public Records Law  57

(4) Presumptions. In all proceedings pursuant to 950 CMR 32.00, there shall
be a presumption that the record sought is public.

32.04: Records Access Officers

(1) Each agency and municipality shall designate one or more employees as
records access officer(s).

(2) In a municipality, the municipal clerk, or the clerk's designees, or any

designee of a municipality that the chief executive officer of the municipality
may appoint, shall serve as records access officers.

(3) The designation of a records access officer shall not be construed to

prohibit employees who have been previously authorized by the agency or
municipality to make public records or information available to the public
from continuing to do so in accordance with 950 CMR 32.00.

(4) Each agency and municipality shall post in a conspicuous location at its
offices and on its website, if any, the name, title, business address, business
telephone number, and business email address of each records access officer.

(5) A records access officer shall:

(a) coordinate the custodian's response to requests for access to public

records and shall facilitate the resolution of such requests by the timely
and thorough production of public records;

(b) assist persons seeking public records to identify the records

sought;

(c) assist the custodian in preserving public records in accordance

with all applicable laws, rules, regulations and retention schedules;

(d) to the extent feasible, provide public records to a requester in

electronic format unless the record is not available in electronic form
or the requester does not have the ability to receive or access the
records in electronic format and if feasible, in the requesters preferred
format. In the absence of a preferred format, the records shall be
provided in a searchable machine-readable form;

Where the requester is an individual held in custody in any

correctional facility, as defined in M.G.L. c. 125, § l(d), the records
access officer shall presume that the requester does not have the ability
to receive or access records in usable electronic form;

(e) to the extent feasible, furnish the public records by providing

58  A Guide to the Massachusetts Public Records Law

reasonable assistance in locating the records on an

appropriately indexed and searchable public website;

(f) prepare guidelines of the agency or municipality that

enable the person seeking access to public records in the
custody of the agency or municipality to make informed
requests regarding the availability of such public records
electronically or otherwise. The guidelines shall include a
list of categories of public records maintained by the
agency or municipality and such list shall be updated
periodically; each agency or municipality that maintains a
website shall post the guidelines on its website;

(g) a municipal records access officer shall, to the extent

feasible, post commonly available public record
documents on a website maintained by the municipality.
The website copy shall not be deemed the record copy for
retention purposes.

32.05: Additional Records Access Officer Responsibilities

(1) Agency Records Access Officers. The requirements of 950

CMR 32.05(1) shall apply only to agency records access officers.

(a) agency designation of primary and secondary records

access officers; reporting requirements:

1. each agency shall designate one primary records

access officer responsible for reporting information to
the Secretary pursuant to M.G.L. c. 66, § 6A(e) and
950 CMR 32.05(1)(c).

2. a primary records access officer shall submit a

notification of such designation to the Division
electronically in a manner determined by the Division.

3. the primary records access officer may notify the

secondary record access officers to facilitate reporting
such information.

4. the primary records access officer shall

electronically notify the Secretary of the designation
of secondary records access officers electronically in a
manner determined by the Division.

5. the agency shall maintain and update information

regarding primary and secondary records access
 A Guide to the Massachusetts Public Records Law  59

officers electronically, including changes in personnel

identified as primary and secondary records access
officers, in a manner determined by the Division.

(b) agency records access officers shall electronically report to the

Secretary the information described in 950 CMR 32.05(1)(c)1. through
9. in a manner determined by the Secretary.

(c) an agency records access officer shall report to the Secretary with
respect to written requests for public records and responses to these
requests for each calendar year ending December 31st:

1. the nature of each request and the date on which each

request was received;

2. the date on which a response is provided to the requester;

3. the date on which a public record is provided to the

requester;

4. the number of hours required to fulfill the request;

5. fees charged to the requester, if any;

6. records access officer petitions to the Supervisor submitted

under M.G.L. c. 66, § 10(d)(iv) and 950 CMR 32.06(4)(g) and
(h);

7. requests appealed to the Supervisor under M.G.L. c. 66, §

10A and 950 CMR 32.08(1);

8. the time required to comply with the Supervisor's orders

under M.G.L. c. 66, § 10A; and

9. the final adjudication of any associated court proceedings

under M.G.L. c. 66, § 10A(d).

(d) the Supervisor may make exceptions to the reporting requirement

in 950 CMR 32.05(1)(c) for particular classes of records, such as:

1. certified copies of records;

2. registry of deeds records;

3. incorporation records;
60  A Guide to the Massachusetts Public Records Law

4. vital records;

5. criminal offender record information requested by the

offender, representative, or other authorized recipient.

(e) all information must be provided in accordance with 950

CMR 32.05(1) within ten business days of the last day of the
calendar year.

(f) an agency shall provide on a searchable website electronic

copies, accessible in a commonly available electronic format,
of the following types of records, provided that any agency
may withhold any record or portion thereof in accordance
with state or federal law:

1. final opinions, decisions, orders, or votes from agency

proceedings;

2. annual reports;

3. notices of regulations proposed under M.G.L. c. 30A;

4. notices of hearings;

5. winning bids for public contracts;

6. awards of federal, state and municipal government

grants;

7. minutes of open meetings;

8. agency budgets; and

9. any public record information of significant interest

that the agency deems appropriate to post, such
determination to be made by each agency on a case-by-
case basis.

(g) an agency shall post records online pursuant to 950 CMR

32.05(1)(f) as soon as practicable on a website maintained by
the agency. The website copy shall not be deemed the record
copy for retention purposes. 950 CMR 32.05(1)(f) and (g) shall
apply only to records made or received on or after January 1,
2017.

(h) an agency may fulfill the requirements of 950 CMR

32.05(1)(f) and (g) by providing links to other agency websites
 A Guide to the Massachusetts Public Records Law  61

that provide access to the categories of records described in

950 CMR 32.05(1)(f)1. through 9.; provided, however, that the
website is searchable and provides electronic copies, accessible
in a commonly available electronic format.

32.06: Rights of Access

(1) Requests for Public Records.

(a) requests for public records may be made orally in person to a

records access officer or custodian or may be written. Telephone
requests may be accepted at the discretion of the records access
officer.

(b) requests for public records shall include a reasonable description

of the requested record to the records access officer so that he or she
can identify and locate it promptly.

(c) written requests may be delivered by a requester to the business

address or designated website or email address of a records access
officer or custodian:

1. by hand;

2. by mail;

3. by electronic mail; or

4. by facsimile, if custodian has facsimile access.

(d) a records access officer shall not require a particular form be used
by requesters, but may make forms available for requesters.

(e) a person shall not be required to make a personal inspection of the

record prior to receiving a copy.

(f) calculation of time will commence only for requests that are made
in accordance with 950 CMR 32.06(1).

(g) a request for records in which an individual, or representative of

the individual has a unique right of access by statutory, regulatory,
judicial or other applicable means, shall not be considered a request for
public records.

(2) Records Access Officer Response to Requests for Records.

(a) a records access officer or designee shall permit inspection

62  A Guide to the Massachusetts Public Records Law

or provide or furnish a copy of all public records within the

custody and control of the custodian at reasonable times and
without unreasonable delay under M.G.L. c. 66, § 10(a).

(b) if applicable, a records access officer shall provide a

written response under M.G.L. c. 66, § 10(b) to a request for
public records no later than the tenth business day following
the receipt of a request notwithstanding the applicability of
any petition filed pursuant to 950 CMR 32.06(4).

(c) a records access officer shall not charge a fee for the
provision of a public record unless the records access officer
responded to the requester within ten business days under
M.G.L. c. 66, § 10(b).

(d) if a records access officer intends to provide records,

access to such records must be provided no later than the tenth
business day following the receipt of a request, unless an
extension of time is permitted in a manner consistent with 950
CMR 32.06(2)(i) and (4).

(e) a written request for records, regardless of the form of

delivery, will be deemed received on the first business day
following receipt the request by the records access officer; an
oral request will be deemed received on the day it was made.

(f) a records access officer may delay provision of records

until all fees related to such requests are paid in full by the
person seeking access to the requested records in accordance
with 950 CMR 32.07.

(g) a records access officer shall, when appropriate, suggest a

reasonable modification of the scope of the request or offer to
assist the requester to modify the scope of the request if doing
so would enable the agency or municipality to produce
records sought more efficiently and affordably.

(h) a records access officer may not require the requester to

specify the purpose for a request except:

1. when the requested records concern information which

may be exempt from disclosure pursuant to M.G.L. c. 4, §
7(26)(n);

2. to determine whether the records are requested for a

commercial purpose; or
 A Guide to the Massachusetts Public Records Law  63

3. to determine whether to grant a request for a fee waiver.

(i) a records access officer shall identify a reasonable timeframe in

which it shall produce the public records sought in a manner consistent
with M.G.L. c. 66, § 10(b)(vi), provided that the requester may
voluntarily agree to a response date beyond these timeframes.

(3) Denial by Records Access Officer.

(a) a records access officer shall provide written notice by first class
mail or electronic mail to a requester of any denial of access to records.

(b) a records access officer shall provide such written notice of denial of
access within ten business days of its receipt of a request for public
records in accordance with 950 CMR 32.06(2)(b).

(c) such written notice of denial shall include:

1. the date of the request;

2. identification of any records sought that are not within the

possession, custody, or control of the agency or municipality the
records access officer serves;

3. identification of the agency or municipality that may be in

possession, custody or control of the public record sought, if
known to the records access officer;

4. identification of any records, categories of records or portions

of records that the agency or municipality intends to withhold;

5. identification of any specific exemption to the Public Records

Law or common law privilege that applies to the withhold record
or records;

6. identification of the applicability of each cited exemption or

privilege to each portion of the withheld record or records;

7. identification of any portions of responsive records that the

agency or municipality intends to produce; and

8. a statement informing the requester of the right of

administrative appeal to the Supervisor under 950 CMR
32.08(1) and the right to seek judicial review of an unfavorable
decision by commencing a civil action in the superior court.

(d) where a record has been withheld based on a claim of the attorney-
64  A Guide to the Massachusetts Public Records Law

client privilege the records access officer shall provide in its

written denial a detailed description of the record, including
the names of the author and recipients, and in general terms,
the subject matter of the withheld information.

(4) Petition for Modification or Waiver by a Records Access

Officer to the Supervisor.

(a) petitions requesting an extension of time to furnish copies

of the requested records or waive statutory limits to fees from
a records access officer to the Supervisor shall be in writing
and delivered to the Supervisor in accordance with 950 CMR
32.03(1). A copy of the petition shall be provided by the
records access officer to the requester. The Supervisor shall
issue a written determination with findings regarding any such
petition within five business days following receipt of a
records access officer petition.

(b) petitions filed under 950 CMR 32.06(4) do not affect the
requirement that a records access officer shall provide an
initial response to a requester within ten business days after
receipt of a request for public records, pursuant to 950 CMR
32.06(2)(a) or (b). Failure to comply with 950 CMR 32.06(4)
will result in a waiver of the right to assess fees for public
records.

(c) all such petitions shall be considered public records both

in the custody of the records access officer and the
Supervisor.

(d) petitions seeking an extension of time to furnish copies of

the requested records must be made by a records access
officer within 20 business days after receipt of a request for
public records, or within ten business days after the records
access officer's receipt of a determination by the Supervisor
that a requested record constitutes a public record.

(e) a petition for extension of time described in 950 CMR

32.06(4)(d) shall include a brief narrative detailing why an
extension of time is necessary. Upon a showing of good
cause, the Supervisor may grant a single extension. For an
agency, such extension may not exceed 20 business days from
the date of the grant of the extension by the Supervisor. For a
municipality, such extension may not exceed 30 business days
from the date of the grant of the extension by the Supervisor.

(f) if, when reviewing a petition for extension of time

 A Guide to the Massachusetts Public Records Law  65

described in 950 CMR 32.06(4)(d), the Supervisor determines

that the request is part of a series of contemporaneous
requests that are frivolous or designed to intimidate or harass,
and the requests are not intended for the broad dissemination of
information to the public about actual or alleged government
activity, the Supervisor may grant a longer extension or relieve
the custodian of its obligation to provide copies of the records
sought.

(g) petitions seeking a waiver of statutory limits to fees assessed

to segregate and/or redact public records must be made within ten
business days after receipt of a request for public records.

(h) a petition seeking a waiver of statutory limits to fees

described in 950 CMR 32.06(4)(g) must be made in accordance
with the following:

1. any records access officer may petition the Supervisor

to charge for time spent segregating or redacting records.

2. only a municipal records access officer may petition

the Supervisor for permission to charge fees in excess of
the maximum hourly rate of $25 per hour for time
required to comply with a request.

3. records access officers shall not petition the Supervisor

seeking a waiver associated with the provisions of 950
CMR 32.07(2)(l)1. and (m)1.

4. a records access officer shall respond to a request

within five business days of receipt of the Supervisor's
determination regarding a petition submitted under 950
CMR 32.06(4)(g).

32.07: Copies of Records; Fees

(1) Copies of Paper and Electronic Records.

(a) upon request, a requester shall be entitled to receive in hand,

by mail, by facsimile or electronically one copy of a public record
or any desired portion of a public record.

(b) as an alternative to obtaining copies of records from a records

access officer a requester shall be permitted, to the extent
feasible, and at reasonable times:

1. view and inspect records prior to obtaining copies; or

66  A Guide to the Massachusetts Public Records Law

2. use a personal device such as a camera or portable

scanner to copy records.

(c) the records access officer shall presume that a requester

prefers copies provided in machine-readable electronic form,
when electronic form is available, unless the requester
specifies an alternative preference.

(d) the records access officer must provide electronic records

in native form when possible.

(e) when designing or acquiring an electronic record keeping

system or database the records access officer in cooperation
with the custodian shall ensure, to the extent feasible that:

1. newly acquired or implemented electronic record

keeping systems or databases are capable of providing
data in a commonly available electronic, machine readable
format; and

2. the newly acquired or implemented electronic record

keeping system allows for information storage and
retrieval methods permitting retrieval of public portions of
records to provide maximum public access.

(f) furnishing a segregable portion of a public record shall not

be deemed to be creation of a new record. This applies to a
responsive record in the form of an extract of existing data, as
such data exists at the time of the request and is segregable
from nonresponsive and exempt data.

(2) Fees.

(a) a records access officer may assess a reasonable fee for

the production of a public record except those records that are
freely available for public inspection, subject to the provisions
of 950 CMR 32.04(5)(d). A records access officer is
encouraged to inform a requester of the availability of records
online to avoid delays and fees associated with the provision
of public records.

(b) if fees are being assessed, a records access officer shall

provide a written, itemized, good faith estimate of any fees
that may be charged to produce the records prior to complying
with a public records request within ten business days.
 A Guide to the Massachusetts Public Records Law  67

(c) the reasonable fee for reproduction shall not exceed the
actual cost of reproducing the record.

(d) a fee shall not be assessed for time spent segregating or

redacting records unless such segregation or redaction is
required by law or approved by the Supervisor under 950
CMR 32.06(4)(g) and (h).

(e) the charge for black and white paper copies or printouts of
records of any size susceptible to ordinary means of
production shall not exceed .05¢ per page, for both single and
double-sided black and white copies or printouts.

(f) a records access officer shall not assess a copying fee for
electronic copies or copies of public records transmitted via
facsimile.

(g) the actual cost of any storage device or material provided

to a person in response to a request for public records may be
included as part of the fee.

(h) for copies of public records not susceptible to ordinary

means of reproduction, the actual cost incurred in providing a
copy may be assessed.

(i) a records access officer shall assess no fee greater than the
lowest hourly rate of a person capable of compiling,
segregating, redacting and reproducing a requested record,
subject to the requirements of 950 CMR 32.07.

(j) a records access officer may assess the actual cost of

postage to mail copies of public records, provided:

1. the requester specifically requests that records be

mailed or is unable to receive copies in person; and

2. the records access officer shall charge the lowest cost

available for such mailings, at the discretion of the
requester.

(k) Waiver of Fees. Records access officers may waive or

reduce the amount of any assessed fee upon a showing that:

1. disclosure of a requested record is in the public

interest;

2. the request for records is not primarily in the

68  A Guide to the Massachusetts Public Records Law

commercial interest of the requester; or

3. the requester lacks the financial ability to pay the full

amount of the reasonable fee.

(l) Agency Records Access Officers.

1. an agency records access officer shall not assess a fee

for the first four hours of time spent searching for,
compiling, segregating, redacting and reproducing a
requested record.

2. an agency records access officer shall not assess a fee

for time spent segregating and redacting a requested
record unless such segregation or redaction is required by
law or approved by the Supervisor under 950 CMR
32.06(4)(g) and (h).

3. an agency records access officer shall assess no fee of

more than $25 per hour for the cost to comply with a
request for public records.

(m) Municipal Records Access Officers.

1. a municipal records access officer shall not assess a fee

for the first two hours of time spent searching for,
compiling, segregating, redacting and reproducing a
requested record in a municipality with a population of
over 20,000.

2. a municipal records access officer in a municipality

with a population of 20,000 persons or fewer may assess a
fee for the first two hours of time spent compiling,
segregating, redacting and reproducing a requested record,
provided:

i. population data shall be determined by the

decennial U.S. Census; and

ii. it shall be the burden of the municipal records

access officer to provide population data information
in responses in which it seeks to assess such fees.

3. a municipal records access officer shall assess no fee of

more than $25 per hour for the cost to comply with a
request for public records unless approved by the
Supervisor under 950 CMR 32.06(4)(g) and (h).
 A Guide to the Massachusetts Public Records Law  69

4. a municipal records access officer shall not assess a fee

for time spent segregating and redacting a requested
record unless such segregation or redaction is required by
law or approved by the Supervisor under 950 CMR
32.06(4)(g) and (h).

(n) Failure to Pay Fee. A records access officer may provide

written notice denying access to public records to a requester
who has failed to compensate the custodian for previously
produced public records, provided:

1. a fee estimate for a previous request was prepared in

compliance with 950 CMR 32.00 and the requester agreed
to pay the previous fee;

2. the written notice details the reasons for denial,

including an itemized list of any balances attributed to
previously produced records.

32.08: Appeals

(1) Appeal to the Supervisor.

(a) 950 CMR 32.08 shall not apply to records in which an

individual, or a representative of the individual, has a unique right
of access to the record through statutory, regulatory, judicial or
other applicable means.

(b) a requester may petition the Supervisor for failure by a

records access officer to comply with a requirement of 950 CMR
32.00.

(c) an oral request, while valid as a public record request, shall

not be the basis of an appeal under 950 CMR 32.08.

(d) petitions for appeal of a response by a records access officer

must be made within 90 calendar days of the date of the response
by a records access officer.

(e) petitions for appeal of a failure to respond within the

timeliness requirements of 950 CMR 32.00 must be made within
90 calendar days of the request.

(f) all petitions for appeal shall be in writing and shall

specifically describe the nature of the requester's objections to the
response or failure to timely respond.
70  A Guide to the Massachusetts Public Records Law

(g) requesters shall provide to the Supervisor complete copies of

all correspondence associated with the petition, including:

1. a complete copy of the letter by which the request

was made, including in the case of electronic
communications all header information indicating
time, date, subject, sender and recipient email
addresses; and

2. a complete copy of all written responses associated

with requests subject to the petition for appeal,
including in the case of electronic communications all
header information indicating time, date, subject,
sender and recipient email addresses.

(h) in petitioning the Supervisor, the requester shall provide a

copy of such petition to the records access officer associated
with such petition.

(i) if the requester's petition for appeal is related to a previous

appeal to the Supervisor, the requester's petition shall refer to
the previous appeal number.

(j) petitions under 950 CMR 32.08 received before 4:00 P.M.
shall be opened on the day of receipt. Petitions received after
4:00 PM shall be opened on the following business day.

(2) Dispositions of Appeals.

(a) the Supervisor shall issue a written determination

regarding any petition submitted in accordance with 950
CMR 32.08(1) not later than ten business days following
receipt of the petition.

(b) the Supervisor may deny an appeal for, among other

reasons if, in the opinion of the Supervisor:

1. the public records in question are the subjects of

disputes in active litigation, administrative hearings or
mediation;

2. the request is designed or intended to harass,

intimidate, or assist in the commission of a crime;

3. the public records request is made solely for a

commercial purpose;
 A Guide to the Massachusetts Public Records Law  71

4. the requester has failed to comply with the provisions of 950

CMR 32.08(2).

(c) upon a determination by the Supervisor that a violation has

occurred, the Supervisor shall order timely and appropriate relief.

(3) Hearings and Conferences.

(a) the Supervisor may conduct a hearing pursuant to the provisions

of 801 CMR 1.00: Standard Adjudicatory Rules of Practice and
Procedure. The decision to hold a hearing shall be solely in the
discretion of the Supervisor.

1. said rules shall govern the conduct and procedure of all

hearings conducted pursuant to 950 CMR 32.08.

2. nothing in 950 CMR 32.08 shall limit the Supervisor from

employing any administrative means available to resolve
summarily any appeal arising under 950 CMR 32.00.

(b) the Supervisor may order conferences for the purpose of clarifying
and simplifying issues and otherwise facilitating or expediting the
investigation or proceeding. The decision to hold a conference shall be
solely in the discretion of the Supervisor.

(4) In Camera Inspections and Submissions of Data.

(a) the Supervisor may require an inspection of the requested

record(s) in camera during any investigation or any proceeding
initiated pursuant to 950 CMR 32.08.

(b) the Supervisor may require the records access officer to produce
other records and information necessary to reach a determination
pursuant to 950 CMR 32.08.

(c) the Supervisor does not maintain custody of documents received

from a records access officer submitted for an in camera review. The
documents submitted for an in camera review do not fall within the
definition of public records. M.G.L. c. 4, § 7(26).

(d) upon a determination of the public record status of the documents,

they are promptly returned to the custodian, and no copies shall be
retained by the Supervisor.

(e) any public record request made to the Division for records being
reviewed in camera would necessarily be denied, as the office would
not be the custodian of those records.
72  A Guide to the Massachusetts Public Records Law

(f) attorney-client privileged records voluntarily submitted to

Supervisor:

1. a records access officer may voluntarily submit

documents to the Supervisor for in camera review;

2. such submission shall not waive any legally applicable

privileges claimed by the agency or municipality.

(5) Custodial Indexing of Records.

(a) the Supervisor may require a records access officer or

custodian to compile an index of the requested records within
the context of a public records appeal under 950 CMR 32.08.

(b) said index shall be a public record and shall meet the
following requirements:

1. the index shall be contained in one document, complete

in itself;

2. the index shall adequately describe each withheld

record or redaction from a released record;

3. the index must state the exemption or exemptions

claimed for each withheld record or each redaction of a
record; and

4. the descriptions of the withheld material and the

exemption or exemptions claimed for the withheld
material must be sufficiently specific to permit the
Supervisor to make a reasoned judgment as to whether the
material is exempt.

(c) nothing in 950 CMR 32.08 shall preclude the Supervisor

from employing alternative or supplemental procedures to
meet the particular circumstances of each appeal.

32.09: Enforcement of Orders

A records access officer shall promptly take such steps as may be

necessary to comply with an order of the Supervisor. If a records
access officer fails to comply with an order issued by the
Supervisor, the Supervisor, upon the Supervisor's initiative, may
notify the Attorney General to ensure compliance.
 A Guide to the Massachusetts Public Records Law  73

32.10: Advisory Opinions

Advisory opinions from the Supervisor may be requested.

However, it shall be in the Supervisor's discretion whether to
issue an advisory opinion. The Supervisor has and will continue
to provide a staff member on call every day during regular
business hours to offer informal information to any person,
whether a requester or custodian.

REGULATORY AUTHORITY

950 CMR 32.00: M.G.L. c. 66, § 1.

74  A Guide to the Massachusetts Public Records Law

Examples of Exemption (a) Statutes

Abatement Applications: G. L. c. 59, § 60.

Address Confidentiality Program: G. L. c. 9A, § 6.

Affordable Housing Applicant Information: G. L. c. 40T, § 3.

Air Pollution Control (Trade Secrets): G. L. c. 111, § 142B.

Alcohol Treatment Records: G. L. c. 111B, § 11.

Bank Examination Records: G. L. c. 167, § 2.

Bid Information, Trade Contractor Scores: G. L. c. 149A, § 8(f).

Birth Reports: G. L. c. 46, § 4A.

Blind Persons, Commission for the Blind Register: G. L. c. 6, § 149.

Business Schools (Private), Financial Statements: G. L. c. 75D, § 3.

Capital Facility Construction Project Records: G. L. c. 30, § 39R.

Central Registry of Voters: G. L. c. 51, § 47C.

Conflict of Interest, Request for an Opinion: G. L. c. 268A, § 22.

Consumer Protection Investigation: G. L. c. 93A, § 6(6).

Councils on Aging, Names, Addresses and Telephone Numbers of Elderly: G.

L. c. 40, § 8B.

Criminal Offender Record Information: G. L. c. 6, § 167.

Delinquency, Sealing by Commissioner of Probation: G. L. c. 276, § 100B.

Department of Social Services, Central Registry: G. L. c. 119, § 51F.

Department of Youth Services Records: G. L. c. 120, § 21.

Drug Addiction Treatment Records: G. L. c. 111E, § 18.

Employment Agencies, Data: G. L. c. 140, § 46R.

Employment Security Data: G. L. c. 151A, § 46.

 A Guide to the Massachusetts Public Records Law  75

Exemption of Legislature from Public Records Law: G. L. c. 66, § 18.

Evaluations of Special Needs Children: G. L. c. 71B, § 3.

Fetal Death Reports: G. L. c. 111, § 202.

Firearms Bureau Records: G. L. c. 66, § 10B.

Gas and Electric Affiliated Company Records: G. L. c. 164, § 85.

Genetically Linked Diseases, Testing Records: G. L. c. 76, § 15B.

Hazardous Substances Reports: G. L. c. 111F, § 21.

Hazardous Waste Management Records: G. L. c. 21D, § 6.

Hazardous Waste Facilities: G. L. c. 21C, § 12.

Historical and Archaeological Sites and Specimen Inventory: G. L. c. 9, § 26A

(1).

Home Addresses and Telephone Numbers of Public Safety Personnel, Victims

of Adjudicated Crimes and Persons Providing Family Planning Services: G. L.
c. 66, § 10B.

Hospital Records: G. L. c. 111, § 70.

Hospitals, Reports of Staff Privilege Revocation: G. L. c. 111, § 53B.

Impounded Birth Records: G. L. c. 46, § 2A.

Inspector General Investigations, Records: G. L. c. 12A, § 13.

Juvenile Delinquency Case Records: G. L. c. 119, § 60A.

Library Circulation Records: G. L. c. 78, § 7.

Malignant Disease Reports: G. L. c. 111, § 111B.

Massachusetts Commission Against Discrimination Investigatory Files: G. L.

c. 151B, § 5.

Massachusetts Technology Development Corporation, Corporate Records: G.

L. c. 40G, § 10.

Mental Health Facilities Records: G. L. c. 123, § 36.

76  A Guide to the Massachusetts Public Records Law

Merit Rating Plans, Motor Vehicle Insurance: G. L. c. 6, § 183.

Mortgage Lender and Mortgage Broker Examination Records: G.L. c. 255E, §

8.

Mortgage Loan Originator Examination Records: G.L. c. 255F, § 14(d).

Native American Burial Site Records: G. L. c. 9, § 26A (5).

Natural Heritage Programs, Data Base: G. L. c. 66, § 17D.

Open Meeting Law: G. L. c. 30A, §§ 18-25.

Patient Abuse Information; Intermediate Care Facilities for Mentally Retarded

Citizens, Convalescent, Nursing or Rest Homes: G. L. c. 111, § 72I.

Patient’s Rights to Confidentiality of Records; Medical and Mental Health

Facilities: G. L. c. 111, § 70E.

Protective Services Records, Aged Persons: G. L. c. 19A, § 23.

Public Assistance Records, Aged Persons, Dependent Children, Handicapped

Persons: G. L. c. 66, § 17A.

Public Assistance, Wage Reporting System Information: G. L. c. 62E, § 8.

Rape Reports: G. L. c. 41, § 97D.

Reyes Syndrome Report: G. L. c. 111, § 110B.

Sex Offender Registry, Requests for Registry Information: G. L. c. 6, § 178I.

Street Lists, Children Aged 3-17, Court Order Granting Protection: G. L. c.

51, § 4(a), (d).

Student Records: G. L. c. 71, § 34D, 34E.

Tax Returns: G. L. c. 62C, § 21.

Venereal Disease Records: G. L. c. 111, § 119.

Vocational Rehabilitation Records: G. L. c. 6, § 84.

William Francis Galvin
Secretary of the Commonwealth
Division of Public Records
One Ashburton Place, Room 1719
Boston, MA 02108