How to File a Public Records Request in Massachusetts
The Massachusetts Public Records Law, codified principally at M.G.L. Chapter 66, § 10, guarantees every person the right to inspect, copy, or receive copies of public records held by state agencies and municipalities upon payment of a reasonable fee. The law broadly defines 'public record' to include all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, and other documentary materials made or received by any officer or employee of a Massachusetts governmental entity. Municipalities must respond to requests within 10 business days. The burden of proof rests on the agency or municipality to demonstrate, with specificity, why any exemption applies — not on the requester to justify their request. The Legislature and Judiciary are not subject to the law.
The Massachusetts Public Records Law
- Statutory Citation
- M.G.L. Chapter 66, § 10 (procedures); M.G.L. Chapter 4, § 7, Clause 26 (definition of public records); M.G.L. Chapter 66, § 10A (enforcement and appeals)
- Response Deadline
- 10 business days
- Fee Provisions
- Agencies may not charge for the first four hours of employee time spent responding to a request; municipalities may not charge for the first two hours. After those thresholds, the maximum rate is $25 per hour for both agencies and municipalities, though municipalities may exceed this rate for commercial-purpose requests. Electronic records may not be assessed a copying fee. Paper copies may be charged at $0.05 per page. Fees must be waived when an agency or municipality violated the law's time limits.
- Key Exemptions
- Exemptions are listed at M.G.L. Chapter 4, § 7, Clause 26(a)–(v) and include: records specifically exempt by statute (a); internal personnel rules whose disclosure would inhibit government functions (b); unwarranted invasions of personal privacy (c); deliberative policy-development materials (d); investigatory materials that could prejudice law enforcement (f); trade secrets voluntarily provided (g); proposals and bids prior to contract finalization (h); real property appraisals (i); and records whose disclosure would jeopardize public safety (n). All exemptions must be construed narrowly.
- Appeal Process
- If the Records Access Officer (RAO) fails to respond or denies a request, a requester may appeal to the Supervisor of Records within 90 days under M.G.L. Chapter 66, § 10A. The Supervisor issues a written decision and may order compliance; continued refusal may be referred to the Attorney General. Requesters may also bypass the Supervisor and file a civil action directly in Superior Court under § 10A(c). If a requester prevails in court, there is a presumption in favor of an award of attorneys' fees and costs under § 10A(d)(2). Courts may also assess punitive damages of $1,000–$5,000 for bad-faith violations.
- Ombudsman
- The Supervisor of Public Records, located within the Secretary of the Commonwealth's office, serves as the primary administrative enforcer of the Massachusetts Public Records Law, hearing appeals and issuing binding decisions. Contact: One Ashburton Place, Room 1719, Boston, MA 02108; phone (617) 727-2832; email pre@sec.state.ma.us.
City FOIA Guides in Massachusetts
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Massachusetts?
If you're dealing with missing records or unresponsive agencies in Massachusetts, Project Paper Trail can help you follow the paper trail on development approvals.
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