Public Records Request - Massachusetts

PUBLIC RECORDS REQUEST

Commonwealth of Massachusetts

Massachusetts Public Records Law, M.G.L. c. 66, § 10

REQUEST INFORMATION

Date of Request: [__/__/____]

Method of Delivery:

☐ U.S. Mail
☐ Electronic Mail
☐ Hand Delivery
☐ Facsimile
☐ Online Portal (if available)

PART I: REQUESTER IDENTIFICATION

Full Name: [________________________________]

Organization (if applicable): [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email Address: [________________________________]

Preferred Method of Response:

☐ Email to address above
☐ U.S. Mail to address above
☐ Available for pickup
☐ Electronic media (USB drive, CD)
☐ Other: [________________________________]

PART II: RECORDS ACCESS OFFICER INFORMATION

To:

Records Access Officer (RAO): [________________________________]

Agency/Municipality Name: [________________________________]

Department/Division: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________]

Email: [________________________________]

Telephone: [________________________________]

PART III: LEGAL BASIS FOR REQUEST

Dear Records Access Officer:

Pursuant to the Massachusetts Public Records Law, M.G.L. c. 66, § 10, and the implementing regulations at 950 CMR 32.00, I hereby request access to and copies of the public records described below.

Under Massachusetts law, "public records" is defined broadly in M.G.L. c. 4, § 7, cl. 26, as "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."

There is a statutory presumption that all records maintained by government entities are public records. The burden rests on the records custodian to demonstrate that a requested record, or a portion thereof, falls within one of the specifically delineated statutory exemptions. M.G.L. c. 66, § 10(c).

PART IV: RECORDS REQUESTED

I request access to and/or copies of the following records:

Category 1:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Category 2:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Category 3:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Additional Records (if needed):

[________________________________]

[________________________________]

Record Types Sought (check all that apply):

☐ Correspondence (letters, emails, memoranda)
☐ Reports and studies
☐ Meeting minutes and agendas
☐ Contracts and agreements
☐ Financial records and budgets
☐ Personnel records (non-exempt portions)
☐ Policies, procedures, and guidelines
☐ Inspection reports
☐ Permits and applications
☐ Photographs, audio, or video recordings
☐ Electronic databases or data sets
☐ Maps, drawings, or diagrams
☐ Other: [________________________________]

PART V: FORMAT OF PRODUCTION

Pursuant to M.G.L. c. 66, § 10, I request that responsive records be provided in the following format:

☐ Electronic format (preferred)
☐ Paper copies
☐ Both electronic and paper copies

Under the Public Records Law, if the records requested are maintained in electronic format, they shall be provided by electronic means unless the requester requests otherwise. 950 CMR 32.05(3).

Specific Electronic Format Preferences:

☐ PDF format
☐ Native file format (e.g., .xlsx, .docx)
☐ CSV or spreadsheet format for data
☐ Other: [________________________________]

PART VI: FEE PROVISIONS

A. Fee Limitations Under M.G.L. c. 66, § 10 and 950 CMR 32.07

I understand that the Massachusetts Public Records Law imposes the following fee restrictions:

1. No charge for first hours of employee time: State agencies may not charge for the first four (4) hours of employee time spent responding to a request. Municipalities may not charge for the first two (2) hours of employee time. M.G.L. c. 66, § 10(d).

2. Hourly rate cap: After the initial free hours, the maximum hourly rate for employee time is $25.00 per hour. M.G.L. c. 66, § 10(d).

3. Copy costs: The maximum charge for black and white copies of standard-sized pages is $0.05 per page. 950 CMR 32.07(2)(e).

4. Electronic records: There shall be no charge for records provided electronically unless the requester requests a different format or the record is not available in electronic format. 950 CMR 32.07(2)(d).

B. Fee Estimate Requirement

Before any fees are assessed, the RAO must provide a detailed, itemized, good faith estimate of the charges. 950 CMR 32.07(2)(a). I request that such an estimate be provided before any work is performed.

C. Fee Cap

I agree to pay reasonable fees in accordance with the Public Records Law, up to a maximum of $[____]. If the estimated fees exceed this amount, please provide the itemized estimate and await my written authorization before proceeding.

D. Fee Waiver Request

☐ I request a fee waiver or reduction. Under 950 CMR 32.07(2)(i), a records access officer may waive or reduce fees if disclosure of the requested records is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of government.

Basis for Fee Waiver: [________________________________]

PART VII: RESPONSE DEADLINE

Under M.G.L. c. 66, § 10(b), the RAO must respond to this request within ten (10) business days of receipt by:

1. Providing the requested records;
2. Making the records available for inspection; or
3. Providing a written response denying the request or a portion thereof, with specific reasons and citing the applicable exemption(s).

Extensions

Upon a showing of good cause, the Supervisor of Records may grant extensions as follows:

• State agencies: A single extension not to exceed twenty (20) additional business days
• Municipalities: A single extension not to exceed thirty (30) additional business days

M.G.L. c. 66, § 10(b).

Any extension response must include a detailed explanation and an estimated date of compliance.

PART VIII: EXEMPTIONS AND SEGREGABILITY

If any portion of the requested records is claimed to be exempt from disclosure under M.G.L. c. 4, § 7, cl. 26, I request that the RAO:

1. Identify each specific exemption relied upon, citing the applicable subclause;
2. Explain the basis for each exemption with sufficient specificity;
3. Segregate and release all non-exempt portions of partially exempt records; and
4. Provide a privilege log identifying each withheld record or portion thereof.

Statutory Exemptions Under M.G.L. c. 4, § 7, cl. 26:

The Massachusetts Public Records Law provides the following exemptions:

• (a) Records specifically or by necessary implication exempted from disclosure by statute
• (b) Records related to policy positions being developed by the governor or other executive officials (deliberative process)
• (c) Records related to collective bargaining positions or strategies
• (d) Trade secrets, commercial, or financial information voluntarily provided
• (e) Notebooks and personal notes of an officeholder
• (f) Investigatory materials used in a criminal proceeding
• (g) Inter-agency or intra-agency memoranda or letters (deliberative process)
• (h) Information relating to ongoing criminal investigations
• (i) Proposals and bids prior to award
• (j) Home addresses, telephone numbers, and certain personal information of public employees
• (n) Records exempt by other provisions of law
• (o) Records that would reveal building security measures, cybersecurity measures, or emergency preparedness plans

PART IX: PRESERVATION OF RECORDS

This request serves as notice to preserve all records responsive to this request. The destruction of public records in violation of retention schedules or applicable law is prohibited under M.G.L. c. 66, § 15 and the records retention requirements established by the Records Conservation Board and the Secretary of the Commonwealth.

PART X: APPEAL RIGHTS

I understand that I have the following rights in the event of a denial or failure to respond:

A. Appeal to the Supervisor of Records (950 CMR 32.08)

If this request is denied or the RAO fails to respond within the statutory deadline, I may petition the Supervisor of Records within the Secretary of the Commonwealth's office within ninety (90) days of the RAO's response (or failure to respond). The Supervisor must issue a determination within ten (10) business days of receiving the petition.

B. Enforcement by the Supervisor of Records

If the Supervisor determines that a record has been improperly withheld, the Supervisor shall order the RAO to comply within a specified timeframe. If the custodian fails to comply, the Supervisor may refer the matter to the Attorney General for enforcement.

C. Judicial Review

Under M.G.L. c. 66, § 10A, any person denied access to public records may bring a civil action in Superior Court. If the court orders disclosure, the court shall award reasonable attorney fees and costs to the prevailing party.

D. Administrative Penalties

Under M.G.L. c. 66, § 10A(d), a court may assess punitive damages against the government agency of not less than $1,000 nor more than $5,000 if the withholding was found to be in bad faith.

I reserve all rights to pursue administrative and judicial remedies available under Massachusetts law.

PART XI: ADDITIONAL PROVISIONS

A. Records Retention

I request that the RAO confirm that a reasonable search of all record-keeping systems, both physical and electronic, has been conducted.

B. RAO Designation

Under M.G.L. c. 66, § 6A, every agency and municipality must designate one or more Records Access Officers. If this request has been misdirected, I request that it be promptly forwarded to the appropriate RAO.

C. Communication

All communications regarding this request should be directed to the Requester at the contact information provided in Part I above.

PART XII: CERTIFICATION AND SIGNATURE

I certify that this request is made in good faith pursuant to the Massachusetts Public Records Law. I understand that the Public Records Law does not require requesters to state a reason or purpose for a records request, and I am under no obligation to do so.

Signature: ___________________________________

Printed Name: [________________________________]

Title (if applicable): [________________________________]

Organization (if applicable): [________________________________]

Date: [__/__/____]

SOURCES AND REFERENCES

1. Massachusetts Public Records Law, M.G.L. c. 66, § 10
2. M.G.L. c. 4, § 7, cl. 26 - Definition of "public records" and statutory exemptions
3. M.G.L. c. 66, § 6A - Designation of Records Access Officers
4. M.G.L. c. 66, § 10(b) - Response deadline (10 business days)
5. M.G.L. c. 66, § 10(d) - Fee limitations (4 hours free for state; 2 hours for municipalities; $25/hr cap)
6. M.G.L. c. 66, § 10A - Judicial enforcement and attorney fee awards
7. M.G.L. c. 66, § 15 - Preservation and retention of public records
8. 950 CMR 32.00 - Public Records Access Regulations
9. 950 CMR 32.05(3) - Electronic records production
10. 950 CMR 32.07 - Fee regulations and waivers
11. 950 CMR 32.08 - Appeal to Supervisor of Records (90-day deadline)

This template is designed for use in the Commonwealth of Massachusetts under the Public Records Law, M.G.L. c. 66, § 10. It should be customized to the specific facts of each request and reviewed by a qualified Massachusetts attorney before submission. Laws and regulations may change; verify all citations before use.