Public Records FAQs
What is a Public Record?
“Public record” is a broad term. It generally includes materials created or received by any employee of an agency or municipality, like:
- Books
- Papers
- Maps
- Photographs
- Recorded tapes
- Financial statements
- Statistical tabulations
Items can be considered public records regardless of physical form or characteristics. For a complete definition, see the Public Records statute (Clause 26).
How do I know if a record is exempt from public access?
The Supervisor of Records has the authority to determine which records are exempt from public access. Contact the Supervisor’s office for any questions:
Supervisor of Records
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Telephone: 1-617-727-2832
Fax: 617-727-5914
What is a Records Retention Schedule?
Not all public records are kept forever. Municipalities and agencies determine retention timeframes with a Records Retention Schedule, listing the minimum amount of time they must retain a record. Records creators can retain records for longer periods of time.
What records are covered by these schedules?
The Municipal Records Retention Schedule applies to all municipal government records in Massachusetts. The Statewide schedule applies to all state government records, including those of executive departments, constitutional offices, authorities, independent agencies, and any records managed by contracted service providers.
Do these schedules apply to electronic records?
Yes. These schedules apply to all types of records.
My records have reached the full retention period. What do I do now?
You can apply for permission to destroy these records.
- If you are working with Municipal Records, complete this form. Submit it to the Supervisor of Public Records at rmu@sec.state.ma.us.
- If you are working with State Agency records, complete this form. Submit it to the Records Conservation Board at rcb@sec.state.ma.us.
What do I do if my records are listed as PERMANENT?
You must retain permanent records indefinitely, in an accessible form. Agencies may choose to transfer PERMANENT records to the Massachusetts Archives. To transfer permanent records to the Massachusetts Archives an agency may complete this form and submit it to the Massachusetts Archives at rmu@sec.state.ma.us. Municipalities must retain their own records.
What if I have older records, or records with special historical importance?
You must retain any records from before 1870 indefinitely. Records older than fifty years may require retention periods that differ from those listed in the schedule. Contact the Records Management Unit to review any records that are fifty years or older.
What does ADMIN USE mean?
ADMIN USE is short for Administrative Use. Agencies and offices only need to retain these records until they have no further use. You don’t need permission from the Records Conservation Board or the Supervisor of Public Records to destroy these types of records.
What is the statutory authority for the Retention Schedule?
Massachusetts General Laws c. 4, § 7(26), c. 30, § 42, and c. 66, §§ 1, 8 and 9 provide the statutory provisions for Statewide Retention Schedule.
What if I want to assess fees or ask for more time to retrieve a record?
If you’re a Records Access Officer, you can petition the Supervisor of Records to assess additional fees or ask for more time.
Requesting an Extension
- You’ll need to submit an extension request within 20 business days of receiving the request. If the Supervisor issues an order that determines the requested record is public, you must make your extension request within 10 days of the date of the order.
- Agencies can receive extensions for up to 20 business days. Municipalities can receive up to 30 business days. Longer extensions may be granted under certain conditions.
- You’ll still need to give an initial response to the requester, even if you filed an extension petition. You must do this within 10 business days, and send a copy of your petition to the requester.
Assessing an additional fee
- In most cases, you can charge a maximum of $25 per hour for the time it takes to comply with a request. If you want to charge a fee in excess of $25 per hour, send a petition to the Supervisor.
- Any additional fee will depend on how much time is spent segregating and redacting records.
Send your time extension or additional fee petition via email to RAO.Petitions@sec.state.ma.us.