HomeMy Public PortalAboutPublic Records 6-30-17Public Records: Updated Public Records Law
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Updated Public Records Law
On June 3, 2016, Governor Baker signed An Act to Improve Public Records Into law. The updated Public Records
Law took effect January 1, 2017.
Below are a few of the provisions of the new version of the Public Records Law. It is suggested you consult the
complete text of the new law which can be found at:
httos: //ma lea I stature. a ov/Laws/SessionLaws/Acts/2016/Ch aote r121
If you have any questions, please contact the Public Records Division at 617-727-2832 or preasec.state.ma.us.
New Provisions
Records Access Officers
Agencies and municipalities are required to designate 1 or mord Records Access Officer (RAO).
The contact Information for the RAO must be posted conspicuously, including on the agency's or municipality's
website, if available.
The MO has a duty to:
• Coordinate the agency's or municipality's response to requests for access to public records;
• Assist individuals seeking public records in identifying the records requested;
• Assist the custodian of records In preserving public records; and
• Prepare guidelines that enable requestors to make informed requests.
Electronic Records
Under the new version of the law, RAOs must provide public records to a requestor In an electronic format
unless the record Is not available in an electronic format or the requestor does not have the ability to receive or
access the records in a useable electronic format.
Additionally, as of January 1, 2017, agency RAOs will be required to provide on a searchable website electronic
copies of commonly requested records, including: final opinions, annual reports, minutes of open meetings and
agency budgets. Municipal RAOs will also be required to post commonly requested records on their municipal
websites, to the extent feasible,
Response Time
Under the current law, a records custodian must respond to a request for records in writing within 10 calendar
days.
Beginning January 1, 2017, a RAO must permit inspection or furnish a copy of a requested public record within
10 business days following receipt of the request. RAOs may petition the Supervisor of Records for an
extension If they are unable to grant access to the requested public records in this time period.
Fees
The Supervisor of Records' Public Access Regulations allowing records custodians to charge 5 cents for black
and white paper copies or computer printouts of public records for both single and double -sided sheets was
codified and will remain effective with the new law.
Beginning January 1, 2017, If a response to a public records request requires more than 4 hours of employee
time, an agency RAO may assess a fee of the hourly rate of the lowest paid employee with the skills necessary
to search for, compile, segregate, redactor reproduce a requested record. However, the fee shall not exceed
$25 an hour.
Beginning January I, 2017, if a response to a public records request requires more than 2 hours of employee
time, a municipal RAO may assess a fee of the hourly rate of the lowest paid employee with the skills
necessary to search for, compile, segregate, redactor reproduce a requested record. However, the fee shall not
exceed $25 an hour, unless approved by the Supervisor of Records. Municipalities with populations of 20,000
people or fewer will be permitted to charge for the first 2 hours of employee time.
Administrative Appeals
As of January 1, 2017, if an agency or municipality fails to comply with a requirement of the new law, the
requestor may file an appeal with the Supervisor of Records who will then Issue a determination on the public
status of the records within 10 business days of receipt of the request for an appeal.
Attorney Fees
https://www.see.state.mams/pre/prenotice.htm
Public Records Division
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