How do I file a public records request in Massachusetts?

1. Statute. Massachusetts Public Records Law, M.G.L. c. 66, § 10 and c. 4, § 7(26). Significantly modernized by Act of 2016, c. 121.

2. Who Can Request. Any person—no residency requirement (c. 66 § 10(a)).

3. Form of Request. Oral or written; written recommended. Must reasonably describe records sought. Agency must designate a Records Access Officer (RAO).

4. Agency Response Deadline. 10 business days from receipt (c. 66 § 10(b)). Agency may take up to 15 business days extension for good cause with notice; longer extensions require petition to the Supervisor of Records.

5. Fees. $0.05 per page for black-and-white copies (c. 66 § 10(d)). Employee time charged at $25/hour (or actual hourly rate if lower) for time exceeding 2 hours for state agencies and 4 hours for municipalities. Fee waivers available for public-interest requests.

6. Exemptions. c. 4 § 7(26): specifically exempted by statute, personnel/medical (privacy), investigatory materials, inter-agency/intra-agency memoranda (deliberative), trade secrets, real estate appraisals (until acquisition), home addresses/phone of public employees, security plans, CORI.

7. Redaction. Agency must segregate exempt material and produce non-exempt portion (c. 66 § 10(a)).

8. Denial & Appeal. Written denial citing the specific exemption required. Requester may appeal to the Supervisor of Records within 90 days (c. 66 § 10A(a)). Supervisor issues a written determination, typically within 30 days.

9. Court Action. Civil action in Superior Court (c. 66 § 10A(c)). Available after Supervisor determination or in lieu of administrative appeal.

10. Penalties. Attorney fees and costs presumptively awarded to prevailing requester unless agency proves it acted reasonably (c. 66 § 10A(d)(2)). Punitive damages up to $5,000 for bad-faith denial.

This is legal information, not legal advice.