Massachusetts Public Records Request

MASSACHUSETTS PUBLIC RECORDS REQUEST

(M.G.L. c. 66, § 10)

PRACTITIONER NOTES

1. Send a written request to the agency or municipality's Records Access Officer (“RAO”) by hand, first-class mail, email, or another method allowed by 950 CMR 32.06(1). An RAO may not require a particular form. A written request preserves administrative appeal rights; an oral request cannot be the basis of an appeal under 950 CMR 32.08.
2. The request must reasonably describe records within the agency's or municipality's possession, custody, or control. The RAO must permit inspection or furnish a copy of public records or segregable public portions without unreasonable delay and ordinarily no later than ten business days after receipt. M.G.L. c. 66, § 10(a).
3. If records will not be furnished within ten business days, the RAO's written response must still arrive by the tenth business day and contain the information required by § 10(b), including the records to be produced or withheld, specific withholding grounds, a detailed burden explanation, a reasonable production date, scope-modification assistance, any itemized good-faith fee estimate, and appeal notice.
4. The ordinary production date in a § 10(b) response may not exceed 15 business days after initial receipt for a state agency or 25 business days after initial receipt for a municipality unless the requester agrees. An RAO may petition the Supervisor of Records for a single good-cause extension; statutory and regulatory petition rules govern its timing and length. M.G.L. c. 66, § 10(b)-(c); 950 CMR 32.06(4).
5. Electronic records should, to the extent feasible, be provided electronically and in the requester's preferred format. When no preference is stated, they should be searchable and machine-readable; electronic records must be provided in native form when possible. 950 CMR 32.04(5)(d), 32.07(1)(c)-(d).
6. Standard black-and-white copies are capped at $0.05 per page. Electronic or facsimile copies have no copying fee, but lawful employee-time or storage-device charges may still apply. M.G.L. c. 66, § 10(d); 950 CMR 32.07(2).
7. A state agency cannot charge for the first four hours of employee time. A municipality over 20,000 population cannot charge for the first two hours; a municipality of 20,000 or fewer may charge from the first hour and must support its population claim with decennial census data. The hourly rate is generally capped at $25 and cannot exceed the lowest hourly rate of a person capable of the work, subject to the Supervisor's statutory approval authority. 950 CMR 32.07(2)(i), (l)-(m).
8. A request is not a contract. Delete unused bracketed instructions and do not add warranties, covenants, defaults, cure periods, indemnities, force majeure, arbitration clauses, jury waivers, assignment restrictions, integration clauses, or execution formalities.

REQUEST LETTER

Date: [DATE]

Method: [EMAIL / MAIL / FACSIMILE / PORTAL / HAND DELIVERY]

To:
[RECORDS ACCESS OFFICER]
[AGENCY OR MUNICIPALITY]
[OFFICE OR DIVISION]
[ADDRESS / EMAIL / FACSIMILE / PORTAL]

From:
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[MAILING ADDRESS]
[EMAIL]
[TELEPHONE]

Re: Massachusetts Public Records Request — [SUBJECT]

Dear Records Access Officer:

Under M.G.L. c. 66, § 10 and 950 CMR 32.00, I request inspection and/or copies of the public records described below.

1. Records Requested

1. [DESCRIBE THE FIRST RECORD OR DISCRETE RECORD SET.]
2. [DESCRIBE THE SECOND RECORD OR DISCRETE RECORD SET.]
3. [ADD ADDITIONAL ITEMIZED REQUESTS.]

Date range: [START DATE] through [END DATE]

Relevant office, official, employee, contractor, project, contract, incident, matter, or file number: [DETAILS]

Helpful custodians, email addresses, search terms, databases, or data fields: [DETAILS]

This request seeks existing records within the agency's or municipality's possession, custody, or control. If a reasonable scope modification would allow more efficient or affordable production, please contact me at [EMAIL / TELEPHONE].

2. Inspection, Copies, Format, and Delivery

I request:

• ☐ electronic copies in native form when possible;
• ☐ searchable, machine-readable electronic copies;
• ☐ electronic copies in this feasible preferred format: [FORMAT];
• ☐ paper copies;
• ☐ inspection, including use of a personal camera or portable scanner if feasible;
• ☐ inspection first, with copies selected afterward; or
• ☐ another available method: [METHOD].

Preferred delivery or inspection method: [EMAIL / SECURE LINK / PORTAL / APPOINTMENT / MAIL / PICKUP].

3. Fees and Cost Communication

I authorize lawful fees up to $[AMOUNT]. If fees will be assessed, please provide the written, itemized, good-faith estimate required by M.G.L. c. 66, § 10(b)(viii) and 950 CMR 32.07(2)(b), and obtain my written approval before exceeding this amount.

Please apply the governing free-time allowance, use no more than the lowest hourly rate of a person capable of performing the work, and do not assess a copying fee for electronic or facsimile copies.

[OPTIONAL WAIVER OR REDUCTION REQUEST: Please waive or reduce fees because disclosure is likely to contribute significantly to public understanding of government operations, is not primarily in my commercial interest, and/or because I lack the financial ability to pay the full fee. Supporting facts: [DETAILS].]

4. Ten-Business-Day Response and Any Withholding

Please permit inspection or furnish copies without unreasonable delay and no later than ten business days after receipt, as provided by M.G.L. c. 66, § 10(a).

If the records will not be furnished within ten business days, please provide by the tenth business day the complete written response required by § 10(b), including:

1. confirmation of receipt;
2. identification of requested records not within your possession, custody, or control and, if known, the agency or municipality that may hold them;
3. identification of records or portions to be withheld, the specific reasons, and each specific exemption or other legal basis;
4. identification of records or portions to be produced;
5. the required detailed explanation if magnitude or difficulty unduly burdens other responsibilities;
6. a reasonable production date within the applicable statutory timeframe, absent an authorized extension or my voluntary agreement;
7. reasonable scope-modification suggestions or assistance;
8. an itemized, good-faith fee estimate, if any; and
9. notice of administrative and judicial review rights.

Please provide every reasonably segregable nonexempt portion of a responsive record.

Thank you for your assistance.

Respectfully,

[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[DATE]

POST-SUBMISSION AND ENFORCEMENT NOTES

• Keep the record: Preserve the written request with email headers or delivery proof, all responses, extension or fee petitions, estimates, payment, productions, and withholding explanations.
• Late-response fee consequence: An RAO may not charge a fee unless the requester received the § 10(b) response within ten business days. M.G.L. c. 66, § 10(e); 950 CMR 32.06(2)(c).
• Supervisor appeal: A requester may petition the Supervisor of Records over a response or failure to comply. Appeal a response within 90 calendar days of the response; appeal a failure to respond within 90 calendar days of the request. The written petition must state the objections, include complete request and response correspondence, and be copied to the RAO. 950 CMR 32.08(1).
• Supervisor decision: The Supervisor ordinarily issues a written determination within ten business days after receiving an appeal and orders timely and appropriate relief upon finding a violation. M.G.L. c. 66, § 10A(a); 950 CMR 32.08(2).
• Direct civil action: Administrative review is not required before a requester brings an enforcement action. Actions concerning state agencies are filed in Suffolk Superior Court; actions concerning municipalities are filed in Superior Court in the county where the municipality is located. M.G.L. c. 66, § 10A(c).
• Court review and burden: The court reviews government action de novo. Each requested record is presumed public, and the agency or municipality must prove by a preponderance of the evidence that withholding is lawful. M.G.L. c. 66, § 10A(d)(1).
• Attorney fees and costs: When a requester obtains relief through an order, consent decree, or post-complaint production, the court may award reasonable fees and costs, with a statutory presumption favoring an award subject to listed exceptions. M.G.L. c. 66, § 10A(d)(2).
• Punitive damages: After a requester obtains a Superior Court judgment and shows the agency or municipality did not act in good faith in withholding, untimely production, or assessing an unreasonable fee, the court may assess $1,000 to $5,000 in punitive damages payable to the Public Records Assistance Fund. M.G.L. c. 66, § 10A(d)(4).
• Get legal advice promptly: Exemptions, privilege, commercial purpose, fee petitions, timing, appeal posture, and court remedies are fact-sensitive.

CURRENT OFFICIAL SOURCES

• Massachusetts Legislature — M.G.L. c. 4, § 7, including clause Twenty-sixth
• Massachusetts Legislature — M.G.L. c. 66, § 10
• Massachusetts Legislature — M.G.L. c. 66, § 10A
• Mass.gov — 950 CMR 32.00 regulation page and official PDF
• Secretary of the Commonwealth — administrative appeal guidance