Public Records Law Effective January 1, 2017
Records Access Officer:
Michael S. Nelson, M.Ed., Superintendent of Schools
Email: publicrecords@oldrochester.org
Phone: 508-758-2772 ext. 1956
The information below is from the Office of William Francis Galvin, Secretary of the Commonwealth of Massachusetts.
Public Records Law
The complete law is online: https://malegislature.gov/Laws/SessionLaws/Acts/2016/Chapter121
If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us.
New Provisions
Records Access Officers
Agencies and municipalities are required to designate 1 or more 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 RAO 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
The 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.
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, redact or reproduce a requested record. However, the fee shall not exceed $25 an hour.
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, redact or 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
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
Under the new Public Records Law, if a requestor prevails in a court action against an agency or municipal RAO, the court may award the requestor attorney fees or costs.