How to File a Public Records Request in Billerica, Massachusetts

What Is the Massachusetts Public Records Law?

The Massachusetts Public Records Law is codified primarily at M.G.L. Chapter 66, § 10 (procedures) and M.G.L. Chapter 4, § 7, Clause 26 (definition of public records). It guarantees every person — regardless of residency or citizenship — the right to inspect and receive copies of public records held by state agencies and municipalities, including the Town of Billerica.

The law broadly defines 'public record' to include all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials made or received by any officer or employee of any Massachusetts governmental entity. Practical examples include meeting minutes, contracts, permits, budgets, correspondence, incident reports, and emails sent or received by town officials in their official capacity.

Key exemptions include records specifically made confidential by statute, internal personnel rules whose disclosure would inhibit government functions, unwarranted invasions of personal privacy, deliberative policy-development materials, and investigatory materials that could prejudice law enforcement. Importantly, the burden of proof rests on the Town to demonstrate, with specificity, why an exemption applies — not on the requester to justify their request. All records are presumed public unless a specific exemption is cited.

Read the full text of the Massachusetts Public Records Law (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))

How to File a Public Records Request with the Town of Billerica

How to Submit Your Request

The Massachusetts Public Records Law does not require requesters to use any specific form, and the Town of Billerica cannot compel you to complete one. The most reliable method is to send a written request by email to townclerk@billerica.gov. You may also submit by mail, fax to (978) 663-6510, or in person at Town Hall, 365 Boston Road, during business hours. For police records, direct your request separately to the Billerica Police Department Records Division at 6 Good Street, Billerica, MA 01821, phone (978) 671-0900. For fire records, contact Fire Chief Robert Cole at 8 Good Street, phone (978) 671-0941. Always keep a copy of your request and note the date submitted, as the 10-business-day response clock begins upon receipt.

What to Include in Your Request

• Your full name and contact information (mailing address or email)
• A clear, specific description of the records you are requesting (dates, subject matter, department, document type)
• Your preferred format for receiving records (electronic PDF is free; paper copies incur a per-page fee)
• A statement invoking your rights under M.G.L. Chapter 66, § 10
• A request for an itemized fee estimate before any charges are incurred
• A fee threshold statement (e.g., 'Please notify me before charges exceed $X')
• The date of your request

Response Deadlines and What to Expect

Under M.G.L. Chapter 66, § 10(a), the Town of Billerica's Records Access Officer must permit inspection or furnish a copy of any public record not later than 10 business days following receipt of a request. 'Business days' means Monday through Friday, excluding Massachusetts legal holidays.

A 'response' within those 10 days does not necessarily mean the records themselves will be delivered — it means the RAO must provide the records, deny the request with a specific exemption citation, or communicate a realistic production timeline. For municipalities like Billerica, that production timeline may not exceed 25 business days from the date of initial receipt under § 10(b)(vi). If the magnitude or difficulty of a request creates undue burden, the RAO may petition the Supervisor of Records for a single extension of up to 30 additional business days.

Fees: The Town may not charge for the first two hours of staff time spent on your request. After that, the maximum rate is $25 per hour. Paper copies may be charged at $0.05 per page; electronic records may not be assessed a copying fee. The RAO must provide an itemized, good-faith fee estimate before production. If the Town violated the law's deadlines, any fees assessed must be waived.

What to Do If Your Request Is Denied or Delayed

Receiving a denial or silence from the Town of Billerica can be frustrating, but the Massachusetts Public Records Law gives you meaningful tools to push back.

Common reasons for denial include claims of statutory exemptions (such as privacy concerns under Clause 26(c), law enforcement investigatory materials under Clause 26(f), or records confidential by other statutes under Clause 26(a)), assertions that records don't exist, or arguments that a request is overly broad. Under M.G.L. Chapter 66, § 10(b)(iv), any denial must cite the specific exemption and explain why it applies — a vague denial is itself a violation of the law.

If you receive no response within 10 business days, that failure to respond is treated as a constructive denial, and you may immediately appeal.

For court actions, if you prevail, there is a presumption in favor of an award of attorneys' fees and litigation costs under M.G.L. Chapter 66, § 10A(d)(2). Courts may also assess punitive damages of $1,000–$5,000 against the Town if it did not act in good faith. This presumption can only be overcome if, for example, the Supervisor of Records previously ruled in the Town's favor, or the Town reasonably relied on a published court opinion.

Don't be discouraged by an initial denial. Many requests succeed on appeal that were rejected at the RAO level.

Steps to Appeal

1. Contact the Town Clerk's Office informally to clarify your request or ask for reconsideration; sometimes a narrower scope or format change resolves the issue without escalation.
2. Review the written denial carefully: it must cite a specific exemption under M.G.L. Chapter 4, § 7, Clause 26 and explain how it applies. A denial that lacks this specificity is defective.
3. File an appeal with the Supervisor of Public Records (Office of the Secretary of the Commonwealth, One Ashburton Place, Room 1719, Boston, MA 02108; email pre@sec.state.ma.us) within 90 days of the RAO's response or the expiration of the 10-business-day response window, per M.G.L. Chapter 66, § 10A(a). Include a copy of your original request and all correspondence.
4. The Supervisor of Records will issue a written decision. If the Supervisor finds a violation, the Town will be ordered to comply. Continued non-compliance may be referred to the Attorney General under § 10A(b).
5. Alternatively, you may bypass the Supervisor entirely and file a civil action directly in Middlesex Superior Court under M.G.L. Chapter 66, § 10A(c). This option is available at any time and does not require first exhausting the administrative appeal.
6. If you prevail in court — including if the Town produces the records after you file suit — there is a presumption in favor of an award of attorneys' fees and costs under § 10A(d)(2). The Town must affirmatively demonstrate it qualifies for an exception to that presumption.
7. If the court finds the Town withheld records in bad faith, it may assess punitive damages of $1,000–$5,000 under § 10A(d)(4), deposited into the Public Records Assistance Fund.

Types of Records You Can Request from Billerica, Massachusetts

The Massachusetts Public Records Law is broad, and the Town of Billerica holds a wide variety of records in the ordinary course of municipal government. The following are common categories requesters ask for.

• Town Meeting and Select Board minutes and agendas
• Town budgets, financial statements, and expenditure reports
• Contracts and vendor agreements entered into by the Town
• Building permits, zoning variance applications, and inspection reports
• Police incident reports and department general orders or policies
• Fire department incident reports and inspection records
• Property assessment records and tax maps
• Town employee salary and compensation data
• Planning Board and Zoning Board of Appeals decisions and hearing records
• Public works project records, including road contracts and infrastructure plans
• Election records, including certified vote tallies and nomination papers
• Correspondence and emails of elected officials and department heads in their official capacity
• Town Manager communications and policy directives
• Grant applications and award documentation
• Environmental permits and compliance records for Town-owned properties

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the Town of Billerica to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Billerica