Open Records

Massachusetts’s public records law is the Massachusetts Public Records Law, found at M.G.L. c. 66, § 10 (with exemptions listed at M.G.L. c. 4, § 7(26)). Any person has an absolute right of access to public records – either to inspect them, or to obtain copies upon payment of a reasonable fee.

Who can request records

Anyone may request records from a Records Access Officer (RAO) – every governmental entity is required to designate one. Requests can be made verbally, in person, or in writing, though a written request is needed if you later want to file an appeal with the Supervisor of Records.

What’s covered

The law applies to all Massachusetts government records, in any form, regardless of where they’re physically located. Notably, Massachusetts is the only state where a Supreme Court ruling found the law doesn’t explicitly extend to the Governor’s office – meaning the legislative, judicial, and executive branches (at the top level) are effectively exempt in ways other states’ laws aren’t. Some “semi-public” taxpayer-funded entities also claim exemption as technically private, which has been a recurring point of friction.

How to request

No specific form is required – requests can be made by mail, email, fax, or in person. Provide a reasonable description of the record sought, including relevant time periods, so the RAO can identify and locate it.

Response timeline

The RAO must respond within 10 business days of receiving the request – either providing the records, giving a fee estimate, or explaining a denial (in whole or in part). The response must also identify a reasonable timeframe for actually producing the records: no more than 15 business days for a state agency, or 25 business days for a municipality, from the initial request. Agencies can request a single extension of up to 20 business days (municipalities up to 30) from the Supervisor of Records upon a showing of good cause for particularly complex requests. If the RAO fails to respond within the initial 10-business-day window, all fees are automatically waived.

Fees

– The first 4 hours of time spent searching, compiling, segregating, redacting, and reproducing records are free for state agencies. Municipalities with a population over 20,000 get a shorter free-time floor – the first 2 hours. – Beyond the free period, agencies can charge up to $25/hour (or a higher rate if approved by the Supervisor of Records). – Paper copies: $0.05/page for black-and-white photocopies or computer printouts. – Electronic records: no copying fee – the $0.05 rate applies only to paper copies. – Agencies must provide a detailed, good-faith written fee estimate before starting work, and may require payment of that estimate in advance. – Agencies are strongly encouraged, but not required, to waive fees when disclosure serves the public interest.

Exemptions

Common exemptions under M.G.L. c. 4, § 7(26) include information that would invade individual privacy, trade secrets, internal policy-development memos, and investigative materials.

If your request is denied

Appeals go to the Supervisor of Records within 90 days of the RAO’s response. If the Supervisor finds a violation, the matter can be referred to the Attorney General for enforcement – though in practice this referral is described as rare, and the Supervisor’s authority relies mostly on that threat rather than frequent direct enforcement. The final recourse for a stonewalling agency is court action.

A note on terminology

Massachusetts’s law is officially the “Massachusetts Public Records Law” – the same basic type of law that other states call a “Freedom of Information Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).