Making a Request for Public Records
Massachusetts has a Public Records Law, found at Chapter 66, Section 10 of the Massachusetts General Laws. It applies to records made or received by a Massachusetts agency or municipality. Records of agencies and municipalities are presumed to be public. However, certain records fall under an exemption to the law and will not be available. A list of exemptions can be found at Chapter 4, Section 7(26) of the Massachusetts General Laws.
The updated Public Records Law requires every agency and municipality to designate a Records Access Officer (RAO). They assist requesters in obtaining public records. Requests for public records may be made to the RAO.
The Division of Public Records is not a warehouse for government records.The division only keeps records that are essential to its business operations. You need to request records from the entity that created or received them.
You can make a records request verbally, in-person or in writing. A copy of the written request is needed to file an appeal with the Supervisor of Records.
Anyone may request records from an RAO. The Law does not require public records requests be in a specific format.
Still, the sample below may be helpful. Your request should contain the following information:
Date request mailed
[Records Access Officer
Name of Municipality or Agency
Address of Municipality or Agency
City, State, Zip Code]
Re: Massachusetts Public Records Request
Dear _______:
This is a request under the Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10). I am requesting that I be provided a copy of the following records:
[Please include a detailed description of the information you are seeking.]
I recognize that you may charge reasonable costs for copies, as well as for personnel time needed to comply with this request.
The Public Records Law requires you to provide me with a written response within 10 business days. If you cannot comply with my request, you are statutorily required to provide an explanation in writing.
Sincerely,
Your Name
Contact Information (address, email, telephone)
If you do not receive a satisfactory response, you may appeal to the Supervisor of Records. See the Secretary of the Commonwealth’s Public Records Division’s website, Appealing a Denial of Access to Public Records in Massachusetts for more information. You may also seek judicial review by commencing a civil action in superior court under G.L. c. 66, § 10A(c).
For additional information about making a request or filing an appeal, see 950 CMR 32.08 (1) or refer to the Secretary of the Commonwealth’s Public Records Division publication, A Guide to the Massachusetts Public Records Law (PDF).