Massachusetts Public Records Law

Sec. 1. SUPERVISION OF PUBLIC RECORDS; POWERS AND DUTIES.

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Section 1: Supervision of public records; powers and duties

Sec. 1.. THE SUPERVISOR OF PUBLIC RECORDS, IN THIS CHAPTER CALLED THE SUPERVISOR OF RECORDS, SHALL TAKE NECESSARY MEASURES TO PUT THE RECORDS OF THE COMMONWEALTH, COUNTIES, CITIES OR TOWNS IN THE CUSTODY AND CONDITION REQUIRED BY LAW AND TO SECURE THEIR PRESERVATION. HE SHALL SEE THAT THE RECORDS OF CHURCHES, PARISHES OR RELIGIOUS SOCIETIES ARE KEPT IN THE CUSTODY AND CONDITION CONTEMPLATED BY THE VARIOUS LAWS RELATING TO CHURCHES, PARISHES OR RELIGIOUS SOCIETIES, AND FOR THESE PURPOSES HE MAY EXPEND FROM THE AMOUNT APPROPRIATED FOR EXPENSES SUCH AMOUNT AS HE CONSIDERS NECESSARY. THE SUPERVISOR OF RECORDS SHALL ADOPT REGULATIONS PURSUANT TO THE PROVISIONS OF CHAPTER THIRTY A TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Section 1A

Creation of educational materials; preparation of forms and reference materials; operation of website; development of best practices

Section 1A

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Section 1A: Creation of educational materials; preparation of forms and reference materials; operation of website; development of best practices

Section 1A. The supervisor of records shall:

(i)create educational materials or guides for agencies and municipalities, and may make available training in order to foster awareness and compliance with this chapter; and

(ii)prepare forms, guidelines and reference materials for agencies and municipalities to use and disseminate to individuals seeking access to public records to assist them in making informed public records requests.

The supervisor of records shall make the forms, guidelines and reference materials available at no cost on a website operated by the secretary of the commonwealth. Upon request and to the extent feasible, the supervisor of public records shall assist each agency and municipality in developing best practices to facilitate compliance with this chapter and to promote access to public records.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 2. REPEALED, 1977, 80, SEC. 1.

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Section 2: Repealed, 1977, 80, Sec. 1

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 3. ''RECORD'' DEFINED; QUALITY OF PAPER AND FILM; MICROFILM RECORDS.

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Section 3: ''Record'' defined; quality of paper and film; microfilm records

Sec. 3.. THE WORD ''RECORD'' IN THIS CHAPTER SHALL MEAN ANY WRITTEN OR PRINTED BOOK OR PAPER, OR ANY PHOTOGRAPH, MICROPHOTOGRAPH, MAP OR PLAN. ALL WRITTEN OR PRINTED PUBLIC RECORDS SHALL BE ENTERED OR RECORDED ON PAPER MADE OF LINEN RAGS AND NEW COTTON CLIPPINGS, WELL SIZED WITH ANIMAL SIZING AND WELL FINISHED OR ON ONE HUNDRED PER CENT BOND PAPER SIZED WITH ANIMAL GLUE OR GELATIN, AND PREFERENCE SHALL BE GIVEN TO PAPER OF AMERICAN MANUFACTURE MARKED IN WATER LINE WITH THE NAME OF THE MANUFACTURER. ALL PHOTOGRAPHS, MICROPHOTOGRAPHS, MAPS AND PLANS WHICH ARE PUBLIC RECORDS SHALL BE MADE OF MATERIALS APPROVED BY THE SUPERVISOR OF RECORDS. PUBLIC RECORDS MAY BE MADE BY HANDWRITING, OR BY TYPEWRITING, OR IN PRINT, OR BY THE PHOTOGRAPHIC PROCESS, OR BY THE MICROPHOTOGRAPHIC PROCESS, OR BY ELECTRONIC MEANS, OR BY ANY COMBINATION OF THE SAME. WHEN THE PHOTOGRAPHIC OR MICROPHOTOGRAPHIC PROCESS IS USED, THE RECORDING OFFICER, IN ALL INSTANCES WHERE THE PHOTOGRAPHIC PRINT OR MICROPHOTOGRAPHIC FILM IS ILLEGIBLE OR INDISTINCT, MAY MAKE, IN ADDITION TO SAID PHOTOGRAPHIC OR MICROPHOTOGRAPHIC RECORD, A TYPEWRITTEN COPY OF THE INSTRUMENT, WHICH COPY SHALL BE FILED IN A BOOK KEPT FOR THE PURPOSE. IN EVERY SUCH INSTANCE THE RECORDING OFFICER SHALL CAUSE CROSS REFERENCES TO BE MADE BETWEEN SAID PHOTOGRAPHIC OR MICROPHOTOGRAPHIC RECORD AND SAID TYPEWRITTEN RECORD. IF IN THE JUDGMENT OF THE RECORDING OFFICER AN INSTRUMENT OFFERED FOR RECORD IS SO ILLEGIBLE THAT A PHOTOGRAPHIC OR MICROPHOTOGRAPHIC RECORD THEREOF WOULD NOT BE SUFFICIENTLY LEGIBLE, HE MAY, IN ADDITION TO THE MAKING OF SUCH RECORD, RETAIN THE ORIGINAL IN HIS CUSTODY, IN WHICH CASE A PHOTOGRAPHIC OR OTHER ATTESTED COPY THEREOF SHALL BE GIVEN TO THE PERSON OFFERING THE SAME FOR RECORD, OR TO SUCH PERSON AS HE MAY DESIGNATE.

Subject to the provisions of sections one and nine, a recording officer adopting a system which includes the photographic process or the microphotographic process shall thereafter cause all records made by either of said processes to be inspected at least once in every three years, correct any fading or otherwise faulty records and make report of such inspection and correction to the supervisor of records.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Section 3A

Recommendations for employment submitted in support of candidates hired by the commonwealth; use of recommendation by hiring authority

Section 3A

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Section 3A: Recommendations for employment submitted in support of candidates hired by the commonwealth; use of recommendation by hiring authority

Section 3A. Recommendations for employment submitted in support of candidates who are hired by the commonwealth, or any political subdivision of the commonwealth, in the position to which the recommendations were applicable, shall be considered public records under section 7 of chapter 4 and this chapter; provided, however that this shall not apply to internal communications. Recommendations for employment submitted in support of candidates applying for employment by the commonwealth, or any political subdivision of the commonwealth, shall not be considered by a hiring authority until the applicant has met all other qualifications and requirements for the position to be filled; provided, however, that a hiring authority may, in accordance with said agency's regular practice for conducting reference checks, contact and speak with a reference provided to it by a candidate for employment, or contact and speak with any person who has submitted a written recommendation on behalf of a candidate for employment with said agency.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 4. REGULATION OF RECORDING MATERIALS AND DEVICES; MANDAMUS.

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Section 4: Regulation of recording materials and devices; mandamus

Sec. 4.. NO INK SHALL BE USED UPON ANY PERMANENT PUBLIC RECORD EXCEPT INK OF SUCH A STANDARD AS ESTABLISHED AND APPROVED BY THE SUPERVISOR OF RECORDS, AND NO RIBBON, PAD OR OTHER DEVICE USED FOR PRINTING BY TYPEWRITING MACHINES, OR STAMPING PAD, OR ANY INK CONTAINED IN SUCH RIBBON, PAD, DEVICE, STAMPING PAD OR CARBON PAPER, SHALL BE USED UPON ANY PERMANENT PUBLIC RECORD, NOR SHALL ANY PHOTOGRAPHIC MACHINE OR DEVICE OR CHEMICAL USED IN CONNECTION THEREWITH BE USED IN MAKING ANY PERMANENT PUBLIC RECORD, EXCEPT SUCH AS HAS BEEN APPROVED BY THE SUPERVISOR OF RECORDS, WHO MAY CANCEL HIS APPROVAL IF HE FINDS THAT ANY ARTICLE SO APPROVED IS INFERIOR TO THE STANDARD ESTABLISHED BY HIM. THE SUPREME JUDICIAL OR SUPERIOR COURT SHALL HAVE JURISDICTION IN MANDAMUS, ON PETITION OF THE SUPERVISOR OF RECORDS AND PURSUANT TO SECTION FIVE OF CHAPTER TWO HUNDRED AND FORTY-NINE, TO ORDER COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 5. MUNICIPAL RECORDS; COPIES.

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Section 5: Municipal records; copies

Sec. 5.. COUNTY COMMISSIONERS, CITY COUNCILS AND SELECTMEN MAY CAUSE COPIES OF RECORDS OF COUNTIES, CITIES OR TOWNS, OF TOWN PROPRIETARIES, OF PROPRIETORS OF PLANTATIONS, TOWNSHIPS OR COMMON LANDS, RELATIVE TO LAND SITUATED IN THEIR COUNTY, CITY OR TOWN OR OF EASEMENTS RELATING THERETO, TO BE MADE FOR THEIR COUNTY, CITY OR TOWN, WHETHER SUCH RECORDS ARE WITHIN OR WITHOUT THE COMMONWEALTH, AND SUCH RECORDS WITHIN THE COMMONWEALTH MAY BE DELIVERED BY THEIR CUSTODIANS TO ANY COUNTY, CITY OR TOWN FOR SUCH COPYING. CITY COUNCILS AND SELECTMEN MAY ALSO CAUSE COPIES TO BE MADE OF THE RECORDS OF BIRTHS, BAPTISMS, MARRIAGES AND DEATHS KEPT BY A CHURCH OR PARISH IN THEIR CITY OR TOWN.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Section 5A

Records of meetings of boards and commissions; contents

Section 5A

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Section 5A: Records of meetings of boards and commissions; contents

Section 5A. The records, required to be kept by sections eleven A of chapter thirty A, nine F of chapter thirty-four and twenty-three B of chapter thirty-nine, shall report the names of all members of such boards and commissions present, the subjects acted upon, and shall record exactly the votes and other official actions taken by such boards and commissions; but unless otherwise required by the governor in the case of state boards, commissions and districts, or by the county commissioners in the case of county boards and commissions, or the governing body thereof in the case of a district, or by ordinance or by-law of the city or town, in the case of municipal boards, such records need not include a verbatim record of discussions at such meetings.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 6. RECORDS OF PUBLIC PROCEEDINGS; PREPARATION; CUSTODY.

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Section 6: Records of public proceedings; preparation; custody

Sec. 6.. EVERY DEPARTMENT, BOARD, COMMISSION OR OFFICE OF THE COMMONWEALTH OR OF A COUNTY, CITY OR TOWN, FOR WHICH NO CLERK IS OTHERWISE PROVIDED BY LAW, SHALL DESIGNATE SOME PERSON AS CLERK, WHO SHALL ENTER ALL ITS VOTES, ORDERS AND PROCEEDINGS IN BOOKS AND SHALL HAVE THE CUSTODY OF SUCH BOOKS, AND THE DEPARTMENT, BOARD, COMMISSION OR OFFICE SHALL DESIGNATE AN EMPLOYEE OR EMPLOYEES TO HAVE THE CUSTODY OF ITS OTHER PUBLIC RECORDS. EVERY SOLE OFFICER IN CHARGE OF A DEPARTMENT OR OFFICE OF THE COMMONWEALTH OR OF A COUNTY, CITY OR TOWN HAVING PUBLIC RECORDS IN SUCH DEPARTMENT OR OFFICE SHALL HAVE THE CUSTODY THEREOF.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Section 6A

Records access officers; designation; powers and duties

Section 6A

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Section 6A: Records access officers; designation; powers and duties

Section 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 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.

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.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 7. CUSTODY OF OLD AND OTHER RECORDS.

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Section 7: Custody of old and other records

[ Text of section effective until November 25, 2025. For text effective November 25, 2025, see below.] Section 7. Every town clerk shall have the custody of all records of proprietors of towns, townships, plantations or common lands, if the towns, townships, plantations or common lands to which such records relate, or the larger part thereof, are within his town and the proprietors have ceased to be a body politic. The state secretary, clerks of the county commissioners and city or town clerks shall respectively have the custody of all other public records of the commonwealth or of their respective counties, cities or towns, if no other disposition of such records is made by law or ordinance, and shall certify copies thereof.

Chapter 66: Section 7. Custody of old and other records

[ Text of section as amended by 2025, 73, Sec. 24 effective November 25, 2025. For text effective until November 25, 2025, see above.] Section 7. Every town clerk shall have the custody of all records of proprietors of towns, townships, plantations or common lands, if the towns, townships, plantations or common lands to which such records relate, or the larger part thereof, are within his town and the proprietors have ceased to be a body politic. The state secretary, clerks of the county commissioners and city or town clerks shall respectively have the custody of all other public records of the commonwealth or of their respective counties, cities or towns, if no other disposition of such records is made by law or ordinance, and shall certify copies thereof. Subject to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, the American Recovery and Reinvestment Act of 2009, Public Law 111-5, 42 C.F.R. Part 2, 42 U.S.C. 290dd-2 and 45 C.F.R. Parts 160, 162 and 164, all records from state institutions for individuals with intellectual or developmental disabilities or mental health conditions in the commonwealth shall be open to public inspection and available for copying after the expiration of 75 years from creation of the record.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 8. PRESERVATION AND DESTRUCTION OF RECORDS, BOOKS AND PAPERS.

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Section 8: Preservation and destruction of records, books and papers

Sec. 8.. EVERY ORIGINAL PAPER BELONGING TO THE FILES OF THE COMMONWEALTH OR OF ANY COUNTY, CITY OR TOWN, BEARING DATE EARLIER THAN THE YEAR EIGHTEEN HUNDRED AND SEVENTY, EVERY BOOK OF REGISTRY OR RECORD, EXCEPT BOOKS WHICH THE SUPERVISOR OF PUBLIC RECORDS DETERMINES MAY BE DESTROYED, EVERY TOWN WARRANT, EVERY DEED TO THE COMMONWEALTH OR TO ANY COUNTY, CITY OR TOWN, EVERY REPORT OF AN AGENT, OFFICER OR COMMITTEE RELATIVE TO BRIDGES, PUBLIC WAYS, SEWERS OR OTHER STATE, COUNTY OR MUNICIPAL INTERESTS NOT REQUIRED TO BE RECORDED IN A BOOK AND NOT SO RECORDED, SHALL BE PRESERVED AND SAFELY KEPT; AND EVERY OTHER PAPER BELONGING TO SUCH FILES SHALL BE KEPT FOR SEVEN YEARS AFTER THE LATEST ORIGINAL ENTRY THEREIN OR THEREON, UNLESS OTHERWISE PROVIDED BY LAW OR UNLESS SUCH RECORDS ARE INCLUDED IN DISPOSAL SCHEDULES APPROVED BY THE RECORDS CONSERVATION BOARD FOR STATE RECORDS OR BY THE SUPERVISOR OF PUBLIC RECORDS FOR COUNTY, CITY, OR TOWN RECORDS; AND NO SUCH PAPER SHALL BE DESTROYED WITHOUT THE WRITTEN APPROVAL OF THE SUPERVISOR OF RECORDS. NOTWITHSTANDING THE FOREGOING, THE REGISTER OF DEEDS IN ANY COUNTY MAY, WITHOUT SUCH WRITTEN APPROVAL, DESTROY ANY PAPERS PERTAINING TO ATTACHMENTS OR TO THE DISSOLUTION OR DISCHARGE THEREOF IN THE FILES OF HIS OFFICE FOLLOWING THE EXPIRATION OF TWENTY YEARS AFTER THE LATEST ORIGINAL ENTRY THEREIN OR THEREON, UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW, AND HE MAY DESTROY ALL ORIGINAL INSTRUMENTS LEFT FOR RECORD AND NOT CALLED FOR WITHIN FIVE YEARS AFTER THE RECORDING THEREOF.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Section 8A

Destruction of certain records by city and town clerks if micro-photographed

Section 8A

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Section 8A: Destruction of certain records by city and town clerks if micro-photographed

Section 8A. Any provision of general or special law to the contrary notwithstanding, the clerk of any city or town, with the written approval of the supervisor of records, may destroy any index of instruments made by any clerk of such city or town under the provision of law now embodied in section fifteen of chapter forty-one or any original record made by any such clerk under any of the provisions of law now embodied in section eleven of chapter two hundred and nine, section three of chapter two hundred and fifty-five, or any similar statute; provided, that such index or record, as the case may be, has been, or shall have been, micro-photographed, and that twenty years has, or shall have, expired after the making of such index or record. The micro-photograph of any index or record so destroyed shall have the same force and effect as the original index or record from which such micro-photograph was made.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Section 8B

Destruction or disposal of records in accordance with chapter 93I

Section 8B

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Section 8B: Destruction or disposal of records in accordance with chapter 93I

Section 8B. Records or documents required to be destroyed or disposed of in this chapter shall be destroyed or disposed of in the manner set forth in chapter 93I.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 9. PRESERVATION AND COPYING OF WORN, ETC., RECORDS.

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Section 9: Preservation and copying of worn, etc., records

Sec. 9.. EVERY PERSON HAVING CUSTODY OF ANY PUBLIC RECORD BOOKS OF THE COMMONWEALTH, OR OF A COUNTY, CITY OR TOWN SHALL, AT ITS EXPENSE, CAUSE THEM TO BE PROPERLY AND SUBSTANTIALLY BOUND. HE SHALL HAVE ANY SUCH BOOKS, WHICH MAY HAVE BEEN LEFT INCOMPLETE, MADE UP AND COMPLETED FROM THE FILES AND USUAL MEMORANDA, SO FAR AS PRACTICABLE. HE SHALL CAUSE FAIR AND LEGIBLE COPIES TO BE SEASONABLY MADE OF ANY BOOKS WHICH ARE WORN, MUTILATED OR ARE BECOMING ILLEGIBLE, AND CAUSE THEM TO BE REPAIRED, REBOUND OR RENOVATED. HE MAY CAUSE ANY SUCH BOOKS TO BE PLACED IN THE CUSTODY OF THE SUPERVISOR OF RECORDS, WHO MAY HAVE THEM REPAIRED, RENOVATED OR REBOUND AT THE EXPENSE OF THE COMMONWEALTH, COUNTY, CITY OR TOWN TO WHICH THEY BELONG. WHOEVER CAUSES SUCH BOOKS TO BE SO COMPLETED OR COPIED SHALL ATTEST THEM, AND SHALL CERTIFY, ON OATH, THAT THEY HAVE BEEN MADE FROM SUCH FILES AND MEMORANDA OR ARE COPIES OF THE ORIGINAL BOOKS. SUCH BOOKS SHALL THEN HAVE THE FORCE OF THE ORIGINAL RECORDS.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 10. INSPECTION AND COPIES OF PUBLIC RECORDS; REQUESTS; WRITTEN RESPONSES; EXTENSION OF TIME; FEES.

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Section 10: Inspection and copies of public records; requests; written responses; extension of time; fees

Sec. 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

(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 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 section 10A.

(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;

(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 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;

(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 for 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.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Section 10A

Petition for determination of violation of Sec. 10; enforcement by Attorney General; civil actions

Section 10A

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Section 10A: Petition for determination of violation of Sec. 10; enforcement by Attorney General; civil actions

Section 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.

(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.

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.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Section 10B

Records divulging name, home or email address and phone number; persons who own, possess or have license to carry firearms; government personnel

Section 10B

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Section 10B: Records divulging name, home or email address and phone number; persons who own, possess or have license to carry firearms; government personnel

Section 10B. The commissioner of the department of criminal justice information services, the department of criminal justice information services and its agents, servants, and attorneys including the keeper of the records of the firearms records bureau of said department, or any licensing authority, as defined in section 121 of chapter 140, shall not disclose any records divulging or tending to divulge the names and addresses of persons who own or possess firearms and ammunition therefor, as defined in said section 121 of said chapter 140, and names and addresses of persons licensed to carry or possess the same to any person, firm, corporation, entity or agency except criminal justice agencies as defined in section 167 of chapter 6 and except to the extent such information relates solely to the person making the request and is necessary to the official interests of the entity making the request provided, however, that nothing in this section shall prohibit the transmission of data and other information to the department of criminal justice information services and its use pursuant to section 121E of chapter 140.[ Second paragraph effective until November 5, 2025. For text effective November 5, 2025, see below.] The home address, personal email address and home telephone number of law enforcement, judicial, prosecutorial, department of youth services, department of children and families, department of correction and any other public safety and criminal justice system personnel, and of unelected general court personnel, shall not be public records in the custody of the employers of such personnel or the public employee retirement administration commission or any retirement board established under chapter 32 and shall not be disclosed, but such information may be disclosed to an employee organization under chapter 150E, a nonprofit organization for retired public employees under chapter 180 or to criminal justice agencies as defined in said section 167 of said chapter 6. The name, home address, telephone number and personal email address of a family member of any such personnel shall not be public records in the custody of the employers of the foregoing persons or the public employee retirement administration commission or any retirement board established under chapter 32 and shall not be disclosed. The home address, telephone number, personal email address or place of employment or education of victims of adjudicated crimes, of victims of domestic violence and of persons providing or training in family planning services and the name, home address, telephone number, personal email address or place of employment or education of a family member of any of the foregoing shall not be public records in the custody of a government agency which maintains records identifying such persons as falling within such categories and shall not be disclosed.[ Second paragraph as amended by 2025, 16, Sec. 5 effective November 5, 2025. For text effective until November 5, 2025, see above.] The home address, personal email address and home telephone number of law enforcement, judicial, prosecutorial, department of youth services, department of children and families, department of correction and any other public safety and criminal justice system personnel, and of unelected general court personnel, shall not be public records in the custody of the employers of such personnel or the public employee retirement administration commission or any retirement board established under chapter 32 and shall not be disclosed, but such information may be disclosed to an employee organization under chapter 150E, a nonprofit organization for retired public employees under chapter 180 or to criminal justice agencies as defined in said section 167 of said chapter 6. The name, home address, telephone number and personal email address of a family member of any such personnel shall not be public records in the custody of the employers of the foregoing persons or the public employee retirement administration commission or any retirement board established under chapter 32 and shall not be disclosed. The home address, telephone number, personal email address or place of employment or education of victims of adjudicated crimes, of victims of domestic violence and of persons engaged or trained in the provision, facilitation or promotion of reproductive health care services or gender-affirming health care services, as defined in section 11I1/2 of chapter 12, and the name, home address, telephone number, personal email address or place of employment or education of a family member of any of the foregoing shall not be public records in the custody of a government agency which maintains records identifying such persons as falling within such categories and shall not be disclosed. The home address, personal email address, home telephone number or mobile telephone number of an employee of 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 the governmental entity that maintains records identifying persons as falling within those categories shall not be public records; provided, however, that the information may be disclosed only to an employee organization whose written aims and objectives on file with the department of labor relations are to represent public employees in collective bargaining under chapter 150E or under chapter 150A for employees of a public authority subject to said chapter 150A by chapter 760 of the acts of 1962, a nonprofit organization for retired public employees under chapter 180, a criminal justice agency as defined in section 167 of chapter 6 or as otherwise required by law. The home address, personal email address, home telephone number or mobile telephone number of a family member of an employee that is contained in a record in the custody of a government agency that maintains records identifying employees of 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 shall not be a public record.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 11. FIREPROOF VAULTS AND SAFES.

Sec. 11. SEARCH THE LEGISLATURE.

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Section 11: Fireproof vaults and safes

Sec. 11.. OFFICERS IN CHARGE OF A STATE DEPARTMENT, COUNTY COMMISSIONERS, CITY COUNCILS AND SELECTMEN SHALL, AT THE EXPENSE OF THE COMMONWEALTH, COUNTY, CITY OR TOWN, RESPECTIVELY, PROVIDE AND MAINTAIN FIREPROOF ROOMS, SAFES OR VAULTS FOR THE SAFE KEEPING OF THE PUBLIC RECORDS OF THEIR DEPARTMENT, COUNTY, CITY OR TOWN, OTHER THAN THE RECORDS IN THE CUSTODY OF TEACHERS OF THE PUBLIC SCHOOLS, AND SHALL FURNISH SUCH ROOMS WITH FITTINGS OF NON-COMBUSTIBLE MATERIALS ONLY.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 12. ARRANGEMENT OF RECORDS.

Sec. 12. SEARCH THE LEGISLATURE.

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Section 12: Arrangement of records

Sec. 12.. ALL SUCH RECORDS SHALL BE KEPT IN THE ROOMS WHERE THEY ARE ORDINARILY USED, AND SO ARRANGED THAT THEY MAY BE CONVENIENTLY EXAMINED AND REFERRED TO. WHEN NOT IN USE, THEY SHALL BE KEPT IN THE FIREPROOF ROOMS, VAULTS OR SAFES OR BUILDINGS, VAULTS OR FILE ROOMS THAT COMPLY WITH STANDARDS OF THE NATIONAL FIRE PROTECTION ASSOCIATION, OR BY ELECTRONIC MEANS WITH OFF-SITE SECURE STORAGE, OR IN ACCORDANCE WITH STANDARDS PROMULGATED BY THE RECORDS CONSERVATION BOARD.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 13. CUSTODIAN TO DEMAND RECORDS; COMPELLING COMPLIANCE.

Sec. 13. SEARCH THE LEGISLATURE.

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Section 13: Custodian to demand records; compelling compliance

Sec. 13.. WHOEVER IS ENTITLED TO THE CUSTODY OF PUBLIC RECORDS SHALL DEMAND THE SAME FROM ANY PERSON UNLAWFULLY HAVING POSSESSION OF THEM, WHO SHALL FORTHWITH DELIVER THE SAME TO HIM. UPON COMPLAINT OF ANY PUBLIC OFFICER ENTITLED TO THE CUSTODY OF A PUBLIC RECORD, THE SUPERIOR COURT SHALL HAVE JURISDICTION IN EQUITY TO COMPEL ANY PERSON UNLAWFULLY HAVING SUCH RECORD IN HIS POSSESSION TO DELIVER THE SAME TO THE COMPLAINANT.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 14. SURRENDER OF RECORDS BY RETIRING OFFICER.

Sec. 14. SEARCH THE LEGISLATURE.

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Section 14: Surrender of records by retiring officer

Sec. 14.. WHOEVER HAS CUSTODY OF ANY PUBLIC RECORDS SHALL, UPON THE EXPIRATION OF HIS TERM OF OFFICE, EMPLOYMENT OR AUTHORITY, DELIVER OVER TO HIS SUCCESSOR ALL SUCH RECORDS WHICH HE IS NOT AUTHORIZED BY LAW TO RETAIN, AND SHALL MAKE OATH THAT HE HAS SO DELIVERED THEM, ACCORDING AS THEY ARE THE RECORDS OF THE COMMONWEALTH OR OF A COUNTY, CITY OR TOWN, BEFORE THE STATE SECRETARY, THE CLERK OF THE COUNTY COMMISSIONERS OR THE CITY OR TOWN CLERK, WHO SHALL, RESPECTIVELY, MAKE A RECORD OF SUCH OATH.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 15. PENALTIES.

Sec. 15. SEARCH THE LEGISLATURE.

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Section 15: Penalties

Sec. 15.. WHOEVER UNLAWFULLY KEEPS IN HIS POSSESSION ANY PUBLIC RECORD OR REMOVES IT FROM THE ROOM WHERE IT IS USUALLY KEPT, OR ALTERS, DEFACES, MUTILATES OR DESTROYS ANY PUBLIC RECORD OR VIOLATES ANY PROVISION OF THIS CHAPTER SHALL BE PUNISHED BY A FINE OF NOT LESS THAN TEN NOR MORE THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH. ANY PUBLIC OFFICER WHO REFUSES OR NEGLECTS TO PERFORM ANY DUTY REQUIRED OF HIM BY THIS CHAPTER SHALL FOR EACH MONTH OF SUCH NEGLECT OR REFUSAL BE PUNISHED BY A FINE OF NOT MORE THAN TWENTY DOLLARS.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 16. SURRENDER OF CHURCH RECORDS; JURISDICTION OF SUPERIOR COURT.

Sec. 16. SEARCH THE LEGISLATURE.

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Section 16: Surrender of church records; jurisdiction of superior court

Sec. 16.. IF A CHURCH, PARISH, RELIGIOUS SOCIETY, MONTHLY MEETING OF THE PEOPLE CALLED FRIENDS OR QUAKERS, OR ANY SIMILAR BODY OF PERSONS WHO HAVE ASSOCIATED THEMSELVES TOGETHER FOR HOLDING RELIGIOUS MEETINGS, SHALL CEASE FOR THE TERM OF TWO YEARS TO HOLD SUCH MEETINGS, THE PERSONS HAVING THE CARE OF ANY RECORDS OR REGISTRIES OF SUCH BODY, OR OF ANY OFFICERS THEREOF, SHALL DELIVER ALL SUCH RECORDS, EXCEPT RECORDS ESSENTIAL TO THE CONTROL OF ANY PROPERTY OR TRUST FUNDS BELONGING TO SUCH BODY, TO THE CUSTODIAN OF A DEPOSITORY PROVIDED BY THE STATE ORGANIZATION OF THE PARTICULAR DENOMINATION OR TO THE CLERK OF THE CITY OR TOWN WHERE SUCH BODY IS SITUATED AND SUCH CLERK MAY CERTIFY COPIES THEREOF UPON THE PAYMENT OF THE FEE AS PROVIDED BY CLAUSE (25) OF SECTION THIRTY-FOUR OF CHAPTER TWO HUNDRED AND SIXTY-TWO. IF ANY SUCH BODY, THE RECORDS OR REGISTRIES OF WHICH, OR OF ANY OFFICERS OF WHICH, HAVE BEEN SO DELIVERED, SHALL RESUME MEETINGS UNDER ITS FORMER NAME OR SHALL BE LEGALLY INCORPORATED, EITHER ALONE OR WITH A SIMILAR BODY, THE CLERK OF SUCH CITY OR TOWN OR THE CUSTODIAN OF SAID DEPOSITORY SHALL, UPON WRITTEN DEMAND BY A PERSON DULY AUTHORIZED, DELIVER SUCH RECORDS OR REGISTRIES TO HIM IF HE SHALL IN WRITING CERTIFY THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF SAID MEETINGS ARE TO BE CONTINUED OR SUCH INCORPORATION HAS BEEN LEGALLY COMPLETED. THE SUPERIOR COURT SHALL HAVE JURISDICTION IN EQUITY TO ENFORCE THIS SECTION.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 17. MUNICIPALITY IN WHICH RECORDS TO BE KEPT; CONTRACTS FOR RECORDS STORAGE; PENALTY.

Sec. 17. SEARCH THE LEGISLATURE.

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Section 17: Municipality in which records to be kept; contracts for records storage; penalty

Sec. 17.. EXCEPT AS OTHERWISE PROVIDED BY LAW, ALL PUBLIC RECORDS SHALL BE KEPT IN THE CUSTODY OF THE PERSON HAVING THE CUSTODY OF SIMILAR RECORDS IN THE COUNTY OR MUNICIPALITY TO WHICH THE RECORDS ORIGINALLY BELONGED; PROVIDED, HOWEVER, THAT THE CUSTODIAN OF PUBLIC RECORDS MAY ENTER INTO A CONTRACT FOR THE STORAGE OF RECORDS CONTAINING PUBLIC RECORD INFORMATION, BUT NO CONTRACT FOR THE STORAGE OF PUBLIC RECORDS SHALL BE ENTERED INTO IF THE CONTRACT PREVENTS OR UNDULY RESTRICTS A RECORDS ACCESS OFFICER OR CUSTODIAN OF RECORDS FROM PROVIDING OR STORING THE RECORDS IN ACCORDANCE WITH THIS CHAPTER. RECORDS NOT DIRECTLY IN THE CUSTODIAN'S POSSESSION SHALL BE CONSIDERED IN THE CUSTODY OF THE CUSTODIAN IF SUBJECT TO A CONTRACT FOR THE STORAGE OF PUBLIC RECORDS THAT IS PERMITTED BY THIS SECTION. IF THE CUSTODIAN DOES NOT HAVE CUSTODY OF PUBLIC RECORDS, THE CUSTODIAN SHALL DEMAND DELIVERY FROM ANY PERSON UNLAWFULLY HAVING POSSESSION OF THE RECORDS, AND THE RECORDS SHALL IMMEDIATELY BE DELIVERED BY SUCH PERSON TO THE CUSTODIAN. A PERSON WHO REFUSES OR NEGLECTS TO PERFORM ANY DUTY REQUIRED BY THIS SECTION SHALL BE PUNISHED BY FINE OF NOT MORE THAN $20.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Section 17A

Public assistance records; public inspection; destruction

Section 17A

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Section 17A: Public assistance records; public inspection; destruction

Section 17A. The records of the department of transitional assistance, relative to all public assistance, and the records of the commission for the blind relative to aid to the blind, shall be public records; provided that they shall be open to inspection only by public officials of the commonwealth, which term shall include members of the general court, representatives of the federal government and those responsible for the preparation of annual budgets for such public assistance, the making of recommendations relative to such budgets, or the approval or authorization of payments for such assistance, or for any purposes directly connected with the administration of such public assistance or with the administration of chapter 118E or with the administration of child support enforcement under chapter one hundred and nineteen A, including the use of said records in set-off debt collections under chapter sixty-two D, and including the use of said records by the department of transitional assistance, in concert with related wage reports to ascertain or confirm any fraud, abuse or improper payments to an applicant for or recipient of public assistance; and provided, further, that data from said records may be made available to representatives of the department of education and local school committees solely for the purpose of targeting school attendance areas with the largest concentrations of low income children pursuant to 20 USC 2701 et seq. and that such access shall be supervised by the department of transitional assistance and the department of education in accordance with an interagency agreement between said departments that safeguards confidentiality; and provided, further, that information relative to the record of an applicant for public assistance or a recipient thereof may be disclosed to him or his duly authorized agent; provided, however, that nothing in this section shall be construed to prohibit disclosure to or access by the bureau of special investigations to the department's records or files for the purposes of fraud detection and control. The state police, including the state police violent fugitive arrest squad, and local police departments, shall also be provided with identifying and locating information upon request from the department's records or files for the sole purpose of identifying and locating individuals wanted on default or arrest warrants. Only identifying information including, but not limited to, the name, date of birth, all pertinent addresses, telephone number and social security number of such individuals shall be made available to the state police and local police departments pursuant to this section. The commonwealth shall destroy public assistance records ten years after the discontinuance of aid granted under the provisions of chapter sixty-nine, one hundred and seventeen, one hundred and eighteen, one hundred and eighteen A, one hundred and eighteen D and one hundred and nineteen, in such manner as the commissioner or director may prescribe.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Section 17B

Repealed, 1973, 1050, Sec. 4

Section 17B

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Section 17B: Repealed, 1973, 1050, Sec. 4

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Section 17C

Failure to maintain public records of meetings; orders to maintain

Section 17C

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Section 17C: Failure to maintain public records of meetings; orders to maintain

Section 17C. Upon proof of failure of a governmental body as defined in section eleven A of chapter thirty A, section nine F of chapter thirty-four and section twenty-three A of chapter thirty-nine, or by any member or officer thereof to carry out any of the provisions prescribed by this chapter for maintaining public records, a justice of the supreme judicial or the superior court sitting within and for the county in which such governmental body acts or, in the case of a governmental body of the commonwealth, sitting within and for any county, shall issue an appropriate order requiring such governmental body or member or officer thereof to carry out the provisions of this chapter. Such order may be sought by complaint of three or more registered voters, by the attorney general, or by the district attorney for the county in which the governmental body acts. The order of notice on the complaint shall be returnable no later than ten days after the filing thereof and the complaint shall be heard and determined on the return day or on such day thereafter as the court shall fix, having regard to the speediest possible determination of the cause consistent with the rights of the parties; provided, however, that orders with respect to any of the matters referred to in this section may be issued at any time on or after the filing of the complaint without notice when such order is necessary to fulfill the purposes of this section. In the hearing of any such complaint the burden shall be on the respondent to show by a preponderance of the evidence that the actions complained of in such complaint were in accordance with and authorized by section eleven B of chapter thirty A, by section nine G of chapter thirty-four or by section twenty-three B of chapter thirty-nine. All processes may be issued from the clerk's office in the county in which the action is brought and, except as aforesaid, shall be returnable as the court orders.

Any such order may also, when appropriate, require the records of any such meeting of a governmental body to be made a public record unless it shall have been determined by such justice that the maintenance of secrecy with respect to such records is authorized by section eleven B of chapter thirty A, by section nine G of chapter thirty-four or by section twenty-three B of chapter thirty-nine. The remedy created hereby is not exclusive, but shall be in addition to every other available remedy.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Section 17D

Massachusetts natural heritage and endangered species program data base; division records; site-specific rare species information

Section 17D

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Section 17D: Massachusetts natural heritage and endangered species program data base; division records; site-specific rare species information

Section 17D. Records of the division of fisheries and wildlife in the department of fish and game known as the Massachusetts natural heritage and endangered species program data base shall not be public records; provided, however, that they shall be open for inspection by agents of the commonwealth and the federal government for the purposes of protecting and preserving species and subspecies of nongame wildlife and indigenous plants. Except as otherwise determined by the administrator of the said data base, site-specific rare species information shall be released only upon the receipt of a statement, in writing, by the recipient that he shall keep such information confidential.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Section 17E

Local filing offices; former Article 9 Uniform Commercial Code records; revised Article 9 records

Section 17E

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Section 17E: Local filing offices; former Article 9 Uniform Commercial Code records; revised Article 9 records

Section 17E. (a) In this section the following words shall have the following meanings:

(1)''Former Article 9'', Article 9 of chapter 106 as in effect on June 30, 2001.

(2)''Revised Article 9'', Article 9 of said chapter 106 as in effect on or after July 1, 2001.

(3)''Local filing office'', a filing office, other than the office of the state secretary, that is designated as the proper place to file a financing statement under Section 9–401(1) of former Article 9. The term applies only with respect to a record that covers a type of collateral as to which the filing office is designated in that section as the proper place to file.

(4)''Former Article 9 records'':

(A)financing statements and other records that have been filed in a local filing office before July 1, 2001, and that are, or upon processing and indexing will be, reflected in the index maintained, as of June 30, 2001, by the local filing office for financing statements and other records filed in the local filing office before July 1, 2001, and

(B)the index as of June 30, 2001.

The term shall not include records presented to a local filing office for filing after June 30, 2001, whether or not the records relate to financing statements filed in the local filing office before July 1, 2001.

(5)''Mortgage'', ''as-extracted collateral'', ''fixture filing'', ''goods'' and ''fixtures'' have the meanings set forth in revised Article 9 for those terms.

(b)A local filing office shall not accept for filing a record presented after June 30, 2001, whether or not the record relates to a financing statement filed in the local filing office before July 1, 2001.

(c)Until July 1, 2008, each local filing office shall maintain all former Article 9 records in accordance with former Article 9. A former Article 9 record that is not reflected on the index maintained at June 30, 2001, by the local filing office shall be processed and indexed, and reflected on the index as of June 30, 2001, as soon as practicable but in any event no later than July 30, 2001.

(d)Until at least June 30, 2008, each local filing office shall respond to requests for information with respect to former Article 9 records relating to a debtor and issue certificates, in accordance with former Article 9. The fees charged for responding to requests for information relating to a debtor and issuing certificates with respect to former Article 9 records shall be the fees in effect under former Article 9 on June 30, 2001, unless a different fee is later set by the local filing office, but the different fee shall not exceed $20 for responding to a request for information relating to a debtor or $20 for issuing a certificate.

(e)After June 30, 2008, each local filing office may remove and destroy, in accordance with any then applicable record retention law of the commonwealth, all former Article 9 records, including the related index.

(f)This section shall not apply, with respect to financing statements and other records, to a filing office in which mortgages or records of mortgages on real property are required to be filed or recorded, if:

(1)the collateral is timber to be cut or as-extracted collateral, or

(2)the record is or relates to a financing statement filed as a fixture filing and the collateral is goods that are or are to become fixtures.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 18. APPLICATION OF CHAPTER.

Sec. 18. SEARCH THE LEGISLATURE.

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Section 18: Application of chapter

Sec. 18.. THIS CHAPTER SHALL NOT APPLY TO THE RECORDS OF THE GENERAL COURT, NOR SHALL DECLARATIONS, AFFIDAVITS AND OTHER PAPERS FILED BY CLAIMANTS IN THE OFFICE OF THE SECRETARY OF VETERANS' SERVICES OR RECORDS KEPT BY THE SECRETARY FOR REFERENCE BY THE OFFICIALS OF HIS OFFICE, BE PUBLIC RECORDS.

General Laws

Part I

ADMINISTRATION OF THE GOVERNMENT

Title X

PUBLIC RECORDS

Chapter 66

PUBLIC RECORDS

Sec. 19. ELECTRONIC RECORD KEEPING SYSTEMS AND DATABASES; CAPABILITY REQUIREMENTS; STORAGE CONTRACTS; CERTAIN RECORDS TO BE AVAILABLE ON SEARCHABLE WEBSITE.

Sec. 19. SEARCH THE LEGISLATURE.

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Section 19: Electronic record keeping systems and databases; capability requirements; storage contracts; certain records to be available on searchable website

Sec. 19.. (A) WHEN DESIGNING OR ACQUIRING AN ELECTRONIC RECORD KEEPING SYSTEM OR DATABASE, RECORDS ACCESS OFFICERS SHALL, CONSISTENT WITH SECTION 17 OF CHAPTER 110G, CONSULT WITH THEIR CHIEF EXECUTIVE OFFICER, CHIEF ADMINISTRATIVE OFFICER OR THE MASSACHUSETTS OFFICE OF INFORMATION TECHNOLOGY PURSUANT TO CHAPTER 7D TO ENSURE, TO THE EXTENT FEASIBLE, THAT THE SYSTEM OR DATABASE IS CAPABLE OF PROVIDING DATA IN A COMMONLY AVAILABLE ELECTRONIC, MACHINE READABLE FORMAT. SUCH DATABASE DESIGNS OR ACQUISITIONS SHALL ALLOW FOR, TO THE EXTENT FEASIBLE, INFORMATION STORAGE AND RETRIEVAL METHODS THAT PERMIT THE SEGREGATION AND RETRIEVAL OF PUBLIC RECORDS AND REDACTING OF EXEMPT INFORMATION IN ORDER TO PROVIDE MAXIMUM PUBLIC ACCESS. NO AGENCY OR MUNICIPALITY SHALL ENTER INTO A CONTRACT FOR THE STORAGE OF ELECTRONIC RECORDS CONTAINING PUBLIC RECORDS IF THE CONTRACT PREVENTS OR UNDULY RESTRICTS THE RECORDS ACCESS OFFICER FROM PROVIDING THE PUBLIC RECORDS IN ACCORDANCE WITH THIS CHAPTER.

(b)Every 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:

(i)final opinions, decisions, orders, or votes from agency proceedings;

(ii)annual reports;

(iii)notices of regulations proposed under chapter 30A;

(iv)notices of hearings;

(v)winning bids for public contracts;

(vi)awards of federal, state and municipal government grants;

(vii)minutes of open meetings;

(viii)agency budgets; and

(ix)any public record information of significant interest that the agency deems appropriate to post.