My name is Stephen Shorey, and I am the assistant director of the Public Records Division in the office of the Secretary of the Commonwealth. And this is a presentation about the Massachusetts Public Records Law. The topics that we will cover today include the request for records, as well as the initial response to the request.

It is important to remember that every government record is presumed to be public unless a specific exemption applies.

We will not be covering exemptions in detail in this presentation. However, if you would like more information about exemptions or what falls under the definition of a public record, please refer to the guide to the Public Records Law available on the Secretary of the Commonwealth website, or contact the Public Records Division. Contact information will be provided at the end of the presentation.

It should also be noted that under the updated version of the Public Records Access Regulations, the custodian is defined as any governmental entity that makes overseas public records. Also, under the updated Public Records law, each agency and municipality must have a designated Records Access Officer, commonly abbreviated as an oral. A person may request copies of or access to public records in person during regular business hours.

In writing in a letter, fax, or email. However, records custodians are not required to take phone requests.

Records custodians cannot require that requesters fill out a form to request records. However, it is fine to have an online submission process as long as the records custodians accept request by other methods from requesters who do not want to submit requests online. It is important to note that a question does not constitute a records request, and also records for certain do not have to create records in response to a request.

The records custodian must respond to a request in writing within ten business days. If the records can certainly does not provide a compliant initial response within ten business days, it cannot charge a fee. Human rights violations in the initial ten business day response must confirm receipt of the request in writing.

The records custodian must still provide a response, even if it is denying access to some or all of the requested records, or it needs additional time to produce records. This response must still be in compliance with the requirements of general law. Chapter 66, section ten, which we will detail further in this presentation. If the records custodian does not possess any of the requested records, it must identify which records the custodian does not have.

If the records custodian does not have any of the requested records and is aware of the entity that might, they must identify that entity for the requester. For example, the Public Records Division often receives requests for vital records. The Public Records Division does not have vital records in his possession, custody or control. In response to such a request, the division sends a written response within ten business days of receipt, which indicates that the division does not have the requested vital records, and provides the contact information for the Registry of Vital Records and Statistics, which may.

The initial ten Business Day response must identify any records and categories of records, or portions of records that the agency or municipality intends to withhold, and include the specific exemption or exemptions upon which the withholding is based, and provide the specific reasons for the withholding. It is not enough to indicate that records are not public, and to cite an exemption or repeat the language of the exemption in order to meet the burden of claiming an exemption with specificity.

The records custodian must identify the portions of the records being withheld, citing an applicable exemption or common law privilege, and explain with detail why the exemption or privilege applies. For example, if a records custodian is claiming the records are being withheld to protect the privacy interest and their response letter, the records custodian would need to identify the records being withheld cite to the second clause of exemption.

See indicate the intimate detail of a highly personal nature that is at issue. Explain whether this information is available from other sources, and whether a release of this information would cause embarrassment to a reasonable person. If the response is appealed, the supervisor will be looking to see whether the response identifies the records withheld includes a reference to the applicable exemption or exemptions, and the specific reasons why the withholding is legally justified.

If this information is not contained in the initial response, the supervisor may be unable to determine the records. Custodian met its obligation under this section in overcoming the burden that the records are public. Consequently, the supervisor may order the records be released in accordance with the Public

It is important to remember that the exemptions are narrowly interpreted and they are not blanket in nature, and that the records custodian has a duty to segregate those portions of a record that are specifically exempt from disclosure and provide the balance of the record. When we refer to the duty to segregate, we mean the records custodian has an obligation to review the requested records and withhold only the portions that may be lawfully withheld.

The initial written response must also identify any public records, categories of records, or portions of records that the agency or municipality intends to produce. If applicable, the response must provide a detailed statement describing why the magnitude or difficulty of the request unduly burdens the other responsible of the agency or municipality, and requires additional time to produce the requested records.

If the records custodian cannot produce records within ten business days of receipt of the request, it must identify a reasonable time frame in which the agency or municipality shall produce the requested public records for an agency. The time frame shall not exceed 15 business days. Following the initial receipt of the request for a municipality, the time frame shall not exceed 25 business days.

Following the initial receipt of the request. Also, a requester may voluntarily agree to a response date beyond these time frames.

If doing so would enable the agency or municipality to produce records more efficiently and affordably, it may suggest a reasonable modification of the scope of the request or offer to assist the requester to modify the scope of the request. The suggested modification does not really request custodians of the obligation to provide records or a fee estimate for the provision of records.

This suggestion can be added to a fee estimate as an alternative option for the requester. If applicable, the initial written response must include an itemized good faith estimate of any fees that may be charged to produce the records. Additional information on fees can be found in general laws. Chapter 66, section ten, subsection D, or the guide to the Massachusetts Public Records Law.

If a records custodian is denying access to records or assessing a fee, the initial written response must include a statement informing the requester of the right of appeal to the supervisor of records. Under subsection A of section ten 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 ten, a.

There are additional resources available on the Public Records Division website, including the guide to the Public Records Law, as well as records retention schedules. The Public Records Division also has an attorney on call every day to answer questions at (617) 727-2832.

The Public Records Division may be contacted at the office of the Secretary of the Commonwealth. One Ashburton Place, room 1719 Boston, Massachusetts. 02108, or by phone (617) 727-2832, by fax at (617) 727-5914, or by email at PRV at SEC dot state meet us.