Guide to Public Records For Massachusetts Law Enforcement

Massachusetts Chiefs of Police Association, Inc.

Office of the General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

Guide to Public Records

For Massachusetts

Law Enforcement Agencies

Adhered to by the Lanesborough Police

Department.

2016 Edition

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

I. INTRODUCTION

On June 3, 2016, Governor Baker signed Bill H.4333 into law. This law represents a

massive overhaul to the Public Records law, originally enacted nearly 43 years ago.

The law will become effective as of January 1, 2017, so departments should conduct

training, develop guides and begin implementing the provisions of this law to ensure

compliance. The Supervisor of Public Records (“Supervisor” or “SPR”) has also been

tasked with developing regulations by January 1, 2017 and to develop educational

materials, training and guidelines for departments.

As of the date of publication of this

Guide, the SPR has adopted updated regulations relative to the new law, but has yet to

develop educational materials, training and best practices.

There are a series of ACTION ITEMS scattered throughout this Guide which advise law

enforcement executives of particular actions that must be taken prior to the effective

date of the law on January 1, 2017.

Lastly, the terms “municipality” and “agency” appear throughout the new law.

Representatives from the office of the SPR has confirmed that the term “agency” applies

to state agencies only and that the term “municipality” applies to municipalities and

municipal departments. As a result, municipal police departments will be held to the

standards established for municipalities in the new law.

DISCLAIMER: THIS GUIDE REFLECTS THE UPDATES TO THE PUBLIC

RECORDS LAW AS APPEARS IN THE UPDATED LAW

AND REGULATIONS. WHILE THIS GUIDE SHOULD

PROVIDE PRACTITIONERS WITH A GOOD WORKING

KNOWLEDGE OF THE NEW LAW, IT SHOULD NOT BE

USED AS A SUBSTITUTE FOR LEGAL COUNSEL. WE

ARE STILL WAITING FOR THE SUPERVISOR OF PUBLIC

RECORDS TO PROVIDE CLARIFICATION TO SOME

PROVISIONS AND OUTSTANDING QUESTIONS AND

BEST PRACTICES FOR POLICE DEPARTMENTS.

UPDATED INFORMATION, CLARIFICATION AND BEST

PRACTICES WILL BE DISTRIBUTED AS SOON AS THEY

ARE RECEIVED.

G.L. c. 66, § 1A.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

II. BASIC PRINCIPLES

Under the Massachusetts Public Records Law (“the Law” or “PRL”) every person has the

right to access public records. This includes the right to inspect, copy or have copies

provided to them. One of the services that all police departments provide in the

Commonwealth of Massachusetts is the dissemination of information to the public.

A. Definition of Public Records

The term “public records” includes

“all books, papers, maps, photographs, recorded tapes,

financial statements, statistical tabulations, or other

documentary materials or data, regardless of physical

form or characteristics, made or received by any officer

or employee of any agency, executive office,

department, board, commission, bureau, division or

authority of the commonwealth, or of any political

subdivision thereof, or of any authority established by

the general court to serve a public purpose, or any

person, corporation, association, partnership or other

legal entity which receives or expends public funds for

the payment or administration of pensions for any

current or former employees of the commonwealth or

any political subdivision as defined in section 1 of

chapter 32…”

Essentially, all records a police department holds, creates, maintains, etc. are

presumed to be public records unless a specifically-identified exemption applies.

Keep in mind that public records also include those records which are created by

electronic means.

Exemptions to the PRL will be discussed in a subsequent section.

G.L. c. 4, § 7(26).

G.L. c. 66, § 3.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

B. Definition of Records Custodian

A “custodian” is “any governmental entity that makes or receives public records.”

Under the old PRL, it was the custodian who not only maintained the public records,

but also was responsible for handling public records requests. The new changes to

the PRL requires the records access officer to handle public records requests.

C. Definition of Records Access Officer

A “records access officer” (RAO) is “the employee designated within a governmental

entity to perform the duties described in 950 CMR 32.00 including coordinating a

response to requests for access to public records, assisting individuals seeking public

records in identifying the records requested, and preparing guidelines that enable

requesters to make informed requests regarding the availability of such public records

electronically or otherwise.”

The duties of a records access officer will be discussed in a subsequent section.

III. RECORD ACCESS OFFICERS

A. In General

The new Section 6A of Chapter 66 requires each agency and municipality to designate

1 or more employees as records access officers in order to coordinate responses to

requests and facilitate the resolution of requests by the timely and thorough

production of public records.

ACTION ITEM

It should be a best practice that Chiefs should designate at least

one (1) person to serve as the records access officer (RAO) of

the department. While municipalities may designate the Town

Clerk, or similar individual, to serve as the RAO for the entire

municipality and all departments, chiefs should discuss the

potential implications of this decision with those making the

950 CMR 32.02.

G.L. c. 66, § 6A(a).

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Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

designation. Keep in mind that the RAO will need to have

access to department records, including information which may

be protected as CORI or which relates to ongoing criminal

investigations. In light of these concerns, chiefs may want to

speak to their appointing authorities about this issue and

request that town counsel opine on the matter in order to give

chiefs some cover. It is recommended that out of an abundance

of caution, each department designate one person from within

the department as the RAO, unless such an assignment is not

practicable.

B. Tasks of the RAO

The RAO is tasked with handling public records requests, and under the regulations

both municipal and agency RAOs shall:

 Coordinate the custodian’s response to requests for access to public records

and shall facilitate the resolution of such requests by the timely and thorough

production of public records;

 Assist persons seeking public records to identify the records sought;

 Assist the custodian in preserving public records in accordance with all

applicable laws, rules, regulations and retention schedules;

 To the extent feasible, provide public records to a requester in electronic

format unless the record is not available in electronic form or the requester

does not have the ability to receive or access the records in electronic format

and if feasible, in the requesters preferred format. In the absence of a

preferred format, the records shall be provided in a searchable machine-

readable form;

Where the requester is an individual held in custody in any correctional

facility, as defined in M.G.L. c. 125, § 1(d), the RAO shall presume that the

requester does not have the ability to receive or access records in usable

electronic form;

G.L. c. 66, § 6A(b); 950 CMR 32.04(5).

G.L. c. 66, § 6A(d).

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Office of General Counsel

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 To the extent feasible, furnish the public records by providing reasonable

assistance in locating the records on an appropriately indexed and searchable

public website;

 Prepare guidelines of the agency or municipality that enable the person

seeking access to public records in the custody of the agency or municipality

to make informed requests regarding the availability of such public records

electronically or otherwise. The guidelines shall include a list of categories of

public records maintained by the agency or municipality and such list shall be

updated periodically; each agency or municipality that maintains a website

shall post the guidelines on its website;

 A municipal RAO shall, to the extent feasible, post commonly available public

record documents on a website maintained by the municipality. The website

copy shall not be deemed the record copy for retention purposes.

In addition to those tasks discussed immediately above, the following requirements

also apply to all agency RAOs:

 Agency designation of primary and secondary RAOs; reporting requirements:

 Each agency shall designate one primary RAO responsible for reporting

information to the Secretary pursuant to M.G.L. c. 66, § 6A(e) and 950 CMR

32.05(1)(c).

 A primary RAO shall submit a notification of such designation to the

Division electronically in a manner determined by the Division.

 The primary RAO may notify the secondary RAO to facilitate reporting such

information.

 The primary RAO shall electronically notify the Secretary of the designation

of secondary RAO electronically in a manner determined by the Division.

 The agency shall maintain and update information regarding primary and

secondary RAOs electronically, including changes in personnel identified

as primary and secondary RAOs, in a manner determined by the Division.

 Agency RAOs shall electronically report to the Secretary the information

described in 950 CMR 32.05(1)(c)1. through 9. in a manner determined by the

Secretary.

950 CMR 32.05.

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Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

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 An agency RAO shall report to the Secretary with respect to written requests

for public records and responses to these requests for each calendar year

ending December 31

 The nature of each request and the date on which each request was

received;

 The date on which a response is provided to the requester;

 The date on which a public record is provided to the requester:

 The number of hours required to fulfill the request;

 Fees charged to the requester, if any;

 RAO petitions to the Supervisor submitted under M.G.L. c. 66, § 10(d)(iv)

and 950 CMR 32.06(4)(g) and (g);

 Requests appealed to the Supervisor under M.G.L. c. 66, § 10A and 950

CMR 32.08(1);

 The time required to comply with the Supervisor’s order under M.G.L. c.

66, § 10A; and

 The final adjudication of any associated court proceedings under M.G.L. c.

66, § 10A(d).

 The Supervisor may make exceptions to the reporting requirement in 950 CMR

32.05(1)(c) for particular classes of records, such as:

 Certified copies of records;

 Registry of deeds records;

 Incorporation records;

 Vital records;

 Criminal offender record information requested by the offender,

representative, or other authorized recipient.

 All information must be provided in accordance with 950 CMR 32.05(1) within

ten business days of the last day of the calendar year.

 An agency shall provide on a searchable website electronic copies, accessible

in a commonly available electronic format, of the following types of records,

provided that any agency may withhold any record or portion thereof in

accordance with state or federal law:

 Final opinions, decisions, orders, or votes from agency proceedings;

 Annual reports;

 Notices of regulations proposed under M.G.L. c. 30A;

 Notices of hearings;

 Winning bids for public contracts;

 Awards of federal, state and municipal government grants;

MASSACHUSETTS CHIEFS OF POLICE

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 Minutes of open meetings;

 Agency budgets; and

 Any public record information of significant interest that the agency deems

appropriate to post, such determinate to be made by each agency on a

case-by-case basis.

 An agency shall post records online pursuant to 950 CMR 32.05(1)(f) as soon

as practicable on a website maintained by the agency. The website copy shall

not be deemed the record copy for retention purposes. 950 CMR 32.05(1)(f)

and (g) shall apply only to records made or received on or after January 1,

2017.

 An agency may fulfill the requirements of 950 CMR 32.05(1)(f) and (g) by

providing links to other agency websites that provide access to the categories

of records described in 950 CMR 32.05(1)(f)1. through 9.; provided, however,

that the website is searchable and provides electronic copies, accessible in a

commonly available electronic format.

ACTION ITEM

Chiefs should ensure that the department’s RAO is tasked with

the respective responsibilities listed above. Remember that

state agency RAOs have more responsibilities than RAOs of

municipal police departments. As will be discussed below,

RAOs of state agencies will be required to document each

request received and make an annual report to the SPR while

municipal department RAOs will not.

C. Identifying the RAO

The name, title, business address, business telephone number, and business email

address of each records access officer must be posted in a conspicuous location at the

department’s offices and on its website, if any.

G.L. c. 66, § 6A(c); 950 CMR 32.04(4).

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

ACTION ITEM

Chiefs must post the name, title, business address, business

telephone number, and business email address of each RAO in

a conspicuous location at the department (e.g. the lobby) and

on the department’s website if one exists.

A sample notification has been included in the Appendix

(SAMPLE FORM 1).

Keep in mind that if an RAO is scheduled to be out of the office during a certain period

of time, this is not an excuse to extend the time limits for responding to a public record

request. If an RAO is scheduled to be the office, then the another person should be

designated as RAO to handle requests.

D. Documenting of Requests (State Agency RAOs ONLY)

Keep in mind that only agency RAOs are required to document each request

submitted (as discussed above), specifically documenting:

1. the nature of the request and the date on which the request was received;

2. the date on which a response is provided to the requester;

3. the date on which a public record is provided to the requester;

4. the number of hours required to fulfill the request;

5. fees charged to the person making the request, if any;

6. petitions submitted under clause (iv) of subsection (d) of section 10;

7. requests appealed under section 10A;

8. the time required to comply with supervisor of records orders under said

section 10A; and

G.L. c. 66, § 6A(e); 950 CMR 32.05(c).

MASSACHUSETTS CHIEFS OF POLICE

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Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

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9. the final adjudication of any court proceedings under subsection (d) of said

section 10A.

ACTION ITEM

Chiefs of state agencies should prepare a designated system

for the recording of this information by the RAO. Each records

request may be recorded either electronically or in writing.

Each chief must make the determination as to the most

appropriate mode of collecting and storing this information. In

either case, a form should be adopted by the agency that should

be used for each request.

A sample form has been included in the Appendix (SAMPLE

FORM 2).

IV. REQUESTS

RAOs should understand that any request made orally in person or in writing must be

honored. Telephone requests may be accepted at the discretion of the RAO.

Written

requests may include those made in-person, or via mail, electronic mail or facsimile (if

available).

Furthermore, an RAO cannot require the requester to complete a particular

form, but may make forms available for requesters.

A requester shall not be required to make a personal inspection of the record prior to

receiving a copy.

Furthermore, the requester may not necessarily know what information he or she is

specifically looking for. While the requester may be able to provide a rough description

of what information is sought, it is up to the RAO to help the requester determine what

he or she is seeking. It is not a valid reason to deny a request simply because the requester

did not use a specific phrase or term of art to request the record.

950 CMR 32.06(1)(a).

G.L. c. 66, § 10(a); 950 CMR 32.06(1)(c).

950 CMR 32.06(1)(d).

950 CMR 32.06(1)(e).

MASSACHUSETTS CHIEFS OF POLICE

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Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

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A RAO may not require the requester to specify the purpose for a request, except:

1) when the requested records concern information which may be exempt from

disclosure under Exemption (n);

2) to determine whether the records are requested for a commercial purpose; or

3) whether to grant a request for a fee waiver.

Commercial Purpose means “the sale or resale of any portion of the public record

or the use of information from the public record to advance the requester's

strategic business interests in a manner that the requester can reasonably expect

to make a profit, and shall not include gathering or reporting news or gathering

information to promote citizen oversight or further the understanding of the

operation or activities of government or for academic, scientific, journalistic or

public research or education.”

V. RESPONSES

Once a request is received by the RAO, the RAO must respond to the request. The PRL

generally provides that RAOs must permit inspection or furnish a copy of any public record

no later than 10 business days following the receipt of the request, provided that:

1. the request reasonably describes the public record sought;

2. the public record is in the possession, custody or control of the department; and

3. payment of a reasonable fee, if any, is received.

Whether the response is: (1) to comply with the request (either with redacted or un-

redacted records); (2) a denial; or (3) an extension of time or clarification of the request;

ALL RESPONSES MUST BE MADE WITHIN 10 BUSINESS DAYS OF THE DATE THE REQUEST

WAS RECEIVED.

Calculation of Time The PRL refers to “business days” as opposed to “calendar

days”. As a result, Saturdays, Sundays and legal holidays

G.L. c. 66, § 10(d)(viii).

G.L c. 66, § 10(d)(ix); see also 950 CMR 32.02.

G.L. c. 66, § 10(a).

MASSACHUSETTS CHIEFS OF POLICE

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Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

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should be excluded from the calculation of time. Also, for

written requests, the calculation of time begins on the first

business days following receipt of the request by the RAO.

For oral requests, the calculation of time begins on the day

the request was made.

The RAO and requester may enter into an agreement to extend the time required to

respond under the PRL.

It is advisable that any such agreements be documented, in

writing.

Records must be produced electronically as long as they are available in electronic format

and the requester has the ability to receive or access the records in a usable electronic

form. Records should be provided in the requester’s preferred format or, in the absence

of a preferred format, in a searchable, machine readable format. If the record requested

is available on the department website, the records access officer may furnish the public

record by providing reasonable assistance in locating the requested record on the

website.

A. Compliance Response WITHOUT Redactions

In most instances, the agency will have the requested record and be able to provide

the record either in its un-redacted format or in a redacted format due to the

application of one exemption or another. This is what is referred to as a “compliance

response.” If the compliance response offers un-redacted records, then no other

written response is necessary.

B. Compliance Response WITH Redactions & Denials

If the compliance response offers redacted records or the response is simply an

outright withholding of records or denial of access to the records, then the RAO must

provide a written response to the requester explaining the redactions and/or denial.

The written response must be either made via first-class mail or electronic mail and

include the following (if applicable):

1. confirm receipt of the request;

950 CMR 32.06(2)(e).

950 CMR 32.06(i).

G.L. c. 66, § 6A(d); 950 CMR 32.04(5)(d) & (e).

G.L. c. 66, § 10(b); 950 CMR 32.06(3)(a) & (c).

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2. identify any records or categories of records sought that are not within the

department’s possession, custody, or control;

3. identify the agency or municipality that may be in possession, custody or control

of the record sought, if known;

4. identify any records, categories of records or portions of records that the

department intends to withhold, and provide the specific reasons for such

withholding, including the specific exemption or exemptions upon which the

withholding is based;

5. identify any records, categories of records, or portions of records that the

department intends to produce, and provide a detailed statement describing why

the magnitude or difficulty of the request unduly burdens the other

responsibilities of the department and therefore requires additional time to

produce the public records sought;

6. suggest a reasonable modification of the scope of the request or offer to assist the

requester to modify the scope of the request if doing so would enable the entity

to produce records sought more efficiently and affordably;

7. include an itemized, good faith estimate of any fees that may be charged to

produce the records; and

8. include a statement informing the requester of the right of appeal to the

supervisor of records under subsection (a) of section 10A and the right to seek

judicial review of an unfavorable decision by commencing a civil action in the

superior court under subsection (c) of section 10A.

If the record is withheld on the basis of the attorney-client privilege, the RAO must

provide the following information in the written denial: (1) a detail description of the

record; (2) the names of the authors and recipients; and (3) in general terms, the

subject matter of the withheld information.

Furthermore, the RAO may deny requests from a requester who has previously failed

to pay for previously produced records. In such instances, the records access officer

must provide a written denial explaining the reason for the denial and the amounts

owed.

950 CMR. 32.06(3)(d).

G.L. c. 66, § 10(d)(vi) & (vii); 950 CMR 32.07(2)(n).

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Office of General Counsel

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A sample response form has been included in the Appendix (SAMPLE

FORM 3).

C. Obtaining an Extension

If the department is unable to respond within 10 business days as a result of the undue

burden placed upon the other responsibilities of the department due to the

magnitude or difficulty of the request, or of multiple requests from the same

requester, the department must inform the requester in writing (no later than 10

business days after the initial receipt of the request). The written response shall be

made via first class or electronic mail and shall:

1. confirm receipt of the request;

2. identify any records or categories of records sought that are not within the

department’s possession, custody, or control;

3. identify the agency or municipality that may be in possession, custody or control

of the record sought, if known;

4. identify any records, categories of records or portions of records that the

department intends to withhold, and provide the specific reasons for such

withholding, including the specific exemption or exemptions upon which the

withholding is based;

5. identify any records, categories of records, or portions of records that the

department intends to produce, and provide a detailed statement describing why

the magnitude or difficulty of the request unduly burdens the other

responsibilities of the department and therefore requires additional time to

produce the public records sought;

6. identify a reasonable timeframe (no more than 25 business days following the

initial receipt of the request for municipal police departments and no more than

15 business days following the initial receipt of the request for state agencies) in

which the records will be produced;

G.L. c. 66, § 10(b).

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7. suggest a reasonable modification of the scope of the request or offer to assist the

requester to modify the scope of the request if doing so would enable the entity

to produce records sought more efficiently and affordably;

8. include an itemized, good faith estimate of any fees that may be charged to

produce the records; and

9. include a statement informing the requester of the right of appeal to the

supervisor of records under subsection (a) of section 10A and the right to seek

judicial review of an unfavorable decision by commencing a civil action in the

superior court under subsection (c) of section 10A.

Keep in mind that while there no need to obtain the permission of the Supervisor of

Public Records for this extension, departments are cautioned against using this

process as a blanket automatic extension in all cases. Remember, the standard here

is the inability to respond within 10 business days as a result of the undue burden

place upon other responsibilities of the department due to the magnitude or

difficulty of the request, or due to multiple requests by the same requester.

Also, pay close attention to the timing of the extension:

For municipalities, the extension may be for up to 25 days following the initial

receipt of the request, meaning an additional 15 days after the 10 day deadline.

For state agencies, the extension may be for up to 15 days following the initial

receipt of the request, meaning an additional 5 days after the 10 day deadline.

A sample response form with sample extension language has been

included in the Appendix (SAMPLE FORM 3).

VI. EXTENSIONS

A. First Extension

The rules governing the first extension to respond to a public records request is found

in Section V(C) above.

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B. Second Extension

If a municipal department needs more than 25 days to respond or a state agency

needs more than 15 days to respond to a request, then a second extension may be

requested. Unlike the first extension, a petition must be filed with the Supervisor of

Public Records requesting this extension.

Again, the standard for such an extension is that the RAO cannot complete the request

within 25 business days (for municipal departments) and 15 business days (for state

agencies) following its initial receipt because the request unduly burdens the other

responsibilities of the entity due to the magnitude or difficulty of a request, or the

receipt of multiple requests from the same requester.

A petitions for an extension of time must be filed within 20 business days after the

initial receipt of the request or within 10 business days after receipt of a

determination by the supervisor of public records that the requested record

constitutes a public record. The requester must be provided with a copy of the

petition.

The Supervisor of Public Records may grant a single extension of up to 30 business

days (for municipal departments) and up to 20 business days (for state agencies). In

determining whether good cause exists, the supervisor may consider the following:

 the need to search for, collect, segregate or examine records;

 the scope of redaction required;

 the capacity or the normal business hours of operation of the department;

 efforts undertaken by the department to fulfill request;

 whether the request is frivolous or intended to harass or intimidate the

department; and

 the public interest served by expeditious disclosure.

G.L. c. 66, § 10(c); 950 CMR 32.06(4).

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As a result, the RAO should be careful to address each of these factors in the petition.

The supervisor of records will issue a decision within 5 business days of receiving the

petition.

The supervisor has discretion to grant a longer extension or to relieve the department

of its obligation to comply with the request if the supervisor determines that the

request is frivolous or designed to intimidate or harass, and the request is not

intended for the broad dissemination of information to the public about actual or

alleged government activity.

VII. FEES

ACTION ITEM

As an initial matter, note that G.L. c. 66, § 10(a) as it existed

under the past PRL has been deleted in its entirety. This section

previously provided that department could charge $5 for the

first six pages of accident reports and $1.00 per page for crime,

incident or miscellaneous reports. This provision has been

deleted and re-written.

Since there is no mention of charging $5.00 per accident report

in the law, departments should no longer charge this flat rate

fee, even for insurance companies requesting motor vehicle

accident reports. Unless the SPR opines otherwise,

departments should charge insurance companies the same as

all other requesters would be charged.

For those departments that use online services for the

distribution of accident reports which charge a flat rate fee (e.g.

$10), this should be permissible provided that the department

also permits the public to request the same document from the

department for the fee allowable under the public records law.

For those departments that use such services, it would be

advisable to put something on the website alerting individuals

that the department has partnered with [insert company] to

provide such reports for a convenience fee of [insert fee]. If an

G.L. c. 66, § 10(c).

G.L. c. 66, § 10(c); 950 CMR 32.06(4).

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individual wishes to make a public records request directly to

the department, the department will happily provide a copy of

the same report for $0.05 per page, pursuant to the PRL.

An RAO may assess a reasonable fee for the production of a public record except those

records that are freely available for public inspection (e.g. public log or press log).

If any fee is going to be assessed, the RAO must provide the requester with a written,

good faith estimate within 10 business days.

If the RAO does not respond to the request within 10 business days, no fee may be

charged.

A. Copy Costs

Single and double-sided black and white paper copies or printouts of public records

susceptible to reproduction by ordinary means cannot exceed $0.05.

It is not

permissible to take a record that is electronically accessible and print it out, copy it,

and send it to the requester so that copy costs may be accessed. For records which

are not susceptible to reproduction by ordinary means, the actual cost of

reproduction may be charged.

Public records should be provided in electronic format, if possible, and it should be

presumed that the requester’s preferred format is electronic unless otherwise

noted.

No copy costs may be charged for records provided electronically or by

facsimile.

As an alternative to obtaining copies, a requester shall be permitted, to the extent

feasible, and at reasonable times:

 To view and inspect records prior to obtaining copies; or

 To use a personal device such as a camera or portable scanner to copy records.

G.L. c. 66, § 10(d).

950 CMR 32.07(2)(b).

G.L. c. 66, § 10(e).

G.L. c. 66, § 10(d)(i); 950 CMR 32.07(2)(e).

950 CMR 32.07(2)(h).

950 CMR 32.07(1)(c);

950 CMR 32.07(2)(f).

950 CMR 32.07(1)(b).

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B. Search and Segregation Fees

1. Municipal Departments

A fee for search and segregation may be charged only if:

 The department is required to devote more than 2 hours of time to search

for, compile, segregate, redact or reproduce a record; and

 The segregation or redaction of records is required by law [under

Exemption (a)] or the fee is approved by the supervisor of public records.

If a fee is permitted, then the following rules apply:

 The fee must be calculated using the hourly rate equal to or less than the

hourly rate of the lowest paid employee who has the necessary skill to

complete the search and segregation. However, the hourly rate cannot

exceed $25.00 per hour unless approved by the supervisor of public

records.

 For municipalities with over 20,000 people, the first 2 hours cannot be

charged. For municipalities with 20,000 people or less, the first 2 hours

may be charged.

2. State Departments

A fee for search and segregation may be charged only if:

 The agency is required to devote more than 4 hours of time to search for,

compile, segregate, redact or reproduce a record; and

 The segregation or redaction of records is required by law [under

Exemption (a)] or the fee is approved by the supervisor of public records.

If a fee is permitted, then the following rules apply:

G.L. c. 66, § 10(d); 950 CMR 32.07(2)(d) & (m).

G.L. c. 66, § 10(d); 950 CMR 32.07(2)(i) & (m).

G.L. c. 66, § 10(d); 950 CMR 32.07(2)(d) & (l).

G.L. c. 66, § 10(d); 950 CMR 32.07(2)(i) & (l).

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 The fee must be calculated using the hourly rate equal to or less than the

hourly rate of the lowest paid employee who has the necessary skill to

complete the search and segregation. However, the hourly rate cannot

exceed $25.00 per hour.

 The first 4 hours cannot be charged.

C. Postage Costs

The RAO may charge the actual cost of postage to mail copies of public records, but

only if:

1) The requester specifically requests that records be mailed or is unable to

receive copies in person; and

2) The RAO charges the lowest cost available for such mailing, at the discretion

of the requester.

D. Medium / Reproduction Costs

The actual cost of reproducing the record or any storage device may be charged to

the requester.

E. Discretion to Waive & Waiver of Fees

Records access officers have the discretion to waive or reduce fees. Such waiver or

reduction may be granted where it is shown that:

1) Disclosure of a requested record is in the public interest;

2) The request is not primarily in the commercial interest of the requester; or

3) The requester lacks the financial ability to pay the full amount of the

reasonable fee.

G.L. c. 66, § 10(d)(i); 950 CMR 32.07(2)(c) & (g).

G.L. c. 66, § 10(d)(v); 950 CMR 32.07(2)(k).

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A fee cannot be charged if the records access officer failed to respond to the requester

within 10 business days.

F. Petitions to Charge Fees

A municipal department may petition the supervisor of records to allow an hourly fee

in excess of $25 or to charge time spent segregating or redacting documents (not

required by law).

A state agency may only petition the supervisor to charge time spent segregating or

redacting documents (not required by law) and may not request an hourly fee in

excess of $25.

The supervisor may approve the petition if:

1. the request is for a commercial purpose; or

2. the fee represents an actual and good faith representation to comply with the

request, the fee is necessary, the amount of the fee is reasonable and the fee

is not designed to limit, deter or prevent access to requested public records.

A copy of the petition must be provided to the requester and the supervisor will make

a decision within 5 business days of receiving the petition.

VIII. Violations for Noncompliance; Penalties; Sanctions

A. Petitions to Supervisor of Public Records

The new Section 10A of Chapter 66 provides a mechanism for requesters to file a

petition with the supervisor of records for a determination that the agency or

municipality violated the requirements of G.L. c. 66, § 10. The supervisor will review

the records and make a decision within 10 business days of receiving the petition. The

supervisor will order “appropriate relief” and the requester may appeal the order to

G.L. c. 66, § 10(d)(iv); 950 CMR 32.06(4).

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the superior court. Keep in mind that oral requests cannot serve as the basis for an

appeal to the SPR.

The SPR may deny an appeal, for among other reasons, if in the opinion of the SPR:

1) The public records in question are the subjects of disputes in active litigation,

administrative hearings or mediation;

2) The request is designed or intended to harass, intimidate, or assist in the

commission of a crime;

3) The public records request is made solely for a commercial purpose;

4) The requester has failed to comply with the provisions of 950 CMR 32.08(2).

If the department refuses or fails to comply with the order of the supervisor, then the

supervisor may notify the attorney general, who may take whatever measures

necessary to ensure compliance including an action to compel compliance filed before

the superior court.

B. Civil Actions Before Superior Court

The new Section 10A of Chapter 66 gives a requester the right to file a civil action to

enforce the requirements of the public records law in the superior court.

As always,

the burden is on the department to prove, by a preponderance of the evidence, that

the record or portion of the record may be withheld. All records are presumed public

unless proven otherwise. For such actions, the superior court will have the following

powers:

 To issue an injunction;

 To conduct an in-camera review of the records;

 To expedite the proceeding;

G.L. c. 66, § 10A(a); 950 CMR 32.08(1) & (2).

950 CMR 32.08(2).

950 CMR 32.09; G.L. c. 66, § 10A(b).

G.L. c. 66, § 10A(c).

G.L. c. 66, § 10A(d)(1).

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 To award reasonable attorney fees and costs. Such fees and costs should be

awarded unless the agency or municipality proves that:

o the supervisor ruled in its favor;

o it reasonably relied upon a published opinion of an appellate court or

attorney general of the commonwealth based on substantially similar

facts;

o the request was designed or intended to harass or intimidate; or

o the request was not in the public interest and made for a commercial

purpose unrelated to disseminating information to the public about

actual or alleged government activity.

 To order an agency or municipality to waive any fee assessed for complying

with the request.

 To assess punitive damages of between $1,000 - $5,000 against an agency or

municipality that has not acted in good faith in withholding records or failing

to appropriate respond to the request. Such amount will be deposited into

the Public Records Assistance Fund.

IX. Exemptions

In 2013, the Division of Public Records published A Guide to the Massachusetts Public

Records Law which discusses the Public Records Law in depth. While many provisions of

this Guide are now outdated by operation of the passing of the new PRL, the discussion

relative to the exemptions is particularly useful and still probative since the exemptions

remain mostly unchanged. As a result, some of the provisions in the Guide that relate to

each exemption have been reproduced herein.

A. Exemption (a)

G.L. c. 66, § 10A(d)(2).

G.L. c. 66§ 10A(d)(3).

G.L. c. 66, § 10A(d)(4).

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Exemption (a) applies to records that are

specifically or by necessary implication exempted from

disclosure by statute

With respect to this exemption, A Guide to the Massachusetts Public

Records Law advises that

A government entity may use the statutory exemption

as a basis for withholding requested materials where

the exempting statute expressly states or necessarily

implies that the public’s right to inspect records under

the Public Records Law is restricted.

This exemption creates two categories of exempt

records. The first category includes records that are

specifically exempt from disclosure by statute. Such

statutes expressly state that such a record either “shall

not be a public record,” “shall be kept confidential” or

“shall not be subject to the disclosure provision of the

Public Records Law.”

The second category under the exemption includes

records deemed exempt under statute by necessary

implication.

Such statutes expressly limit the

dissemination of particular records to a defined group

of individuals or entities.

A statute is not a basis for

exemption if it merely lists individuals or entities to

whom the records are to be provided; the statute must

expressly limit access to the listed individuals or entities.

Examples of Exemption (a) Statutes as may relate to law enforcement

include the following:

G.L. c. 4, § 7(26)(a).

Attorney General v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court,

372 Mass. 549, 545-46 (1977).

See, e.g., G.L. c. 41, § 97D (all reports of rape or sexual assault “shall not be public reports”).

G.L. c. 4, § 7(26)(a).

See, e.g., G.L. c. 6, § 172 (“Criminal offender record information…shall only be disseminated to: criminal justice

agencies…”).

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 Alcohol Treatment Records: G. L. c. 111B, § 11.

 Conflict of Interest, Request for an Opinion: G. L. c. 268A, § 22.

 Criminal Offender Record Information: G. L. c. 6, § 167.

 Delinquency, Sealing by Commissioner of Probation: G. L. c.

276, § 100B.

 Department of Social Services, Central Registry: G. L. c. 119, §

51F.

 Department of Youth Services Records: G. L. c. 120, § 21.

 Drug Addiction Treatment Records: G. L. c. 111E, § 18.

 Firearms Bureau Records: G. L. c. 66, § 10(d).

 Hazardous Substances Reports: G. L. c. 111F, § 21.

 Home Addresses and Telephone Numbers of Public Safety

Personnel, Victims of Adjudicated Crimes and Persons

Providing Family Planning Services: G. L. c. 66, § 10.

 Inspector General Investigations, Records: G. L. c. 12A, § 13.

 Juvenile Delinquency Case Records: G. L. c. 119, § 60A.

 Protective Services Records, Aged Persons: G. L. c. 19A, § 23.

 Rape and Domestic Abuse Reports: G. L. c. 41, § 97D.

1. Criminal Offender Record Information (CORI)

Chapter 6, sections 167 through 172 protects the release of criminal offender

record information (CORI) in certain instances.

CORI includes records and data in any communicable form compiled by a

Massachusetts criminal justice agency which concern an identifiable

individual and relate to the nature or disposition of a criminal charge, an

arrest, a pre-trial proceeding, other judicial proceedings, previous hearings

conducted pursuant to section 58A of chapter 276 where the defendant

was detained prior to trial or released with conditions under subsection (2)

of section 58A of chapter 276, sentencing, incarceration, rehabilitation, or

release. Such information shall be restricted to that recorded as the result

of the initiation of criminal proceedings or any consequent proceedings

related thereto. Criminal offender record information shall not include

evaluative information, statistical and analytical reports and files in which

individuals are not directly or indirectly identifiable, or intelligence

information. Criminal offender record information shall be limited to

information concerning persons who have attained the age of 18 and shall

not include any information concerning criminal offenses or acts of

delinquency committed by any person before he attained the age of 18;

provided, however, that if a person under the age of 18 is adjudicated as

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an adult, information relating to such criminal offense shall be criminal

offender record information. Criminal offender record information shall

not include information concerning any offenses which are not punishable

by incarceration.

The regulations promulgated by DCJIS provides the following instances for when

CORI may be disseminated by a criminal justice agency (CJA):

1) CORI may be provided to another CJA for official criminal justice purposes;

2) A CJA with official responsibility for a pending criminal investigation or

prosecution may disseminate CORI that is specifically related to, and

contemporaneous with, an investigation or prosecution;

3) A CJA may disseminate CORI that is specifically related to, and

contemporaneous with, the search for, or apprehension of, any person, or

with a disturbance at a penal institution;

4) A CJA may disseminate CORI to principals or headmasters relating to a

student aged 18 or older charged with or convicted of a felony offense,

provided that information provided to school officials is limited to the

felony offense(s) that may subject the student to suspension or expulsion

pursuant to the provisions of M.G.L. c.71, § 37H½; for the purpose of

publishing information in the department's daily log as required by M.G.L.

c. 41, § 98F;

5) A CJA may disseminate CORI as otherwise authorized by law in the interest

of public safety.

6) Pursuant to C.L. c. 6, § 175, a CJA may disseminate CORI to the individual

to whom it pertains, or to the individual's attorney, with a signed release

from the individual. The CORI provided shall be limited to information

compiled by the CJA, such as a police report prepared by the CJA. A CJA

may not provide an individual with any CORI obtained through CJIS.

7) If an individual seeks to access the individual's national criminal history,

the individual shall contact the FBI. Likewise, requests for driver history

information shall be submitted to the Massachusetts Registry of Motor

G.L. c. 6, § 167.

803 CMR 7.10.

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Vehicles. All other information contained in CJIS shall only be

disseminated to other criminal justice agencies for official criminal justice

purposes.

8) All requests for an individual's CORI shall be directed to DCJIS.

2. Domestic Violence and Rape Reports

Chapter 41, section 97D provides that

All reports of rape and sexual assault or attempts to commit such

offenses, all reports of abuse perpetrated by family or household

members, as defined in section 1 of chapter 209A, and all

communications between police officers and victims of such

offenses or abuse shall not be public reports and shall be

maintained by the police departments in a manner that shall assure

their confidentiality; provided, however, that all such reports shall

be accessible at all reasonable times, upon written request, to: (i)

the victim, the victim's attorney, others specifically authorized by

the victim to obtain such information, prosecutors and (ii) victim-

witness advocates as defined in section 1 of chapter 258B,

domestic violence victims' counselors as defined in section 20K of

chapter 233, sexual assault counselors as defined in section 20J of

chapter 233, if such access is necessary in the performance of their

duties; and provided further, that all such reports shall be

accessible at all reasonable times, upon written, telephonic,

facsimile or electronic mail request to law enforcement officers,

district attorneys or assistant district attorneys and all persons

authorized to admit persons to bail pursuant to section 57 of

chapter 276. Communications between police officers and victims

of said offenses and abuse may also be shared with the forgoing

named persons if such access is necessary in the performance of

their duties. A violation of this section shall be punished by

imprisonment for not more than 1 year or by a fine of not more

than $1,000, or both such fine and imprisonment.

3. G.L. c. 66, § 10B

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The home address, telephone number and personal email address of law

enforcement, judicial, prosecutorial, department of youth services, department of

children and families, department of correction and any other public safety and

criminal justice system personnel, and of unelected general court personnel shall

not be public records. This also includes the name, home address, telephone

number and personal email address of family members of such personnel.

The home address, telephone number, personal email address or place

employment or education of victims of adjudicated crimes, of victims of domestic

violence and of persons providing or training in family planning services and the

name, home address, telephone number, personal email address or place of

employment or education of a family member of any of the foregoing shall not be

public records.

Licensing authorities (under G.L. c. 140, § 121) shall not disclose any records

divulging or tending to divulge the names and addresses of persons who own or

possess firearms, rifles, shotguns, machine guns and ammunition therefor, as

defined in said section 121 of said chapter 140, and names and addresses of

persons licensed to carry or possess the same to any person, firm, corporation,

entity or agency except criminal justice agencies as defined in section 167 of

chapter 6 and except to the extent such information relates solely to the person

making the request and is necessary to the official interests of the entity making

the request.

4. Law Enforcement Cases

 The Supervisor of Public Records ruled that the Drivers’ Privacy Protection

Act did not apply to a request for an electronic index/list of resident

parking permits, including the recipient’s name, address, neighborhood,

issue date, and other public information in the database since the

information contained in the parking permit database is obtained directly

from the individual seeking the permit, rather than through the Registry of

Motor Vehicles. SPR14/144 (September 17, 2014).

 The Supervisor of Public Records had no jurisdiction to rule on the

applicability of G.L. c. 214, § 1B. Decisions regarding whether privacy rights

have been violated under this statute are the jurisdiction of the superior

court, and as a result, this was not a valid application of Exemption (a).

SPR14/482 (October 10, 2014).

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 The Supervisor of Public Records ruled that law enforcement officials had

discretion whether to release a copy of the public information / booking

photo for a specifically identified individual. 803 CMR 2.04(5)(a). A state

agency is granted deference in interpreting its own regulations. Rock v.

MCAD, 384 Mass. 198, 207 (1981). In consultation with the Supervisor of

Public Records, the General Counsel to DCJIS concurs with this analysis. As

a result, an agency may properly withhold booking photos under CORI.

SPR14/620 (January 21, 2015).

 The Supervisor of Public Records ruled that documents related to a

suspect’s arrest and booking, including the booking photograph or any

other documents prepared during the booking process could not be wholly

withheld under CORI unless it could be shown that the identity of the

arrested person was known. The CORI Act does not apply to files in which

individuals are not directly or indirectly identifiable. G.L. c. 6, § 167.

SPR14/654 (February 24, 2015).

 The Supervisor of Public Records ruled that it is appropriate to withhold

the booking photograph as CORI. SPR14/679 (February 19, 2015).

 The Supervisor of Public Records ruled that arrest reports may be properly

withheld as CORI. SPR14/680 (February 20, 2015).

 Arrest report of a Deputy Sheriff may be properly withheld as CORI.

SPR14/737 (March 9, 2015).

 A chronological booking log may be properly withheld as CORI. SPR14/739

(February 24, 2015).

 Abuse prevention orders must be withheld under G.L. c. 41, § 97D. SPR15-

437 (July 20, 2015).

B. Exemption (b)

Exemption (b) applies to records that are

related solely to internal personnel rules and practices

of the government unit, provided however, that such

records shall be withheld only to the extent that proper

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performance of necessary governmental functions

requires such withholding

With respect to this exemption, A Guide to the Massachusetts Public

Records Law advises that

There are no authoritative Massachusetts decisions

interpreting Exemption (b). The general purpose of the

cognate federal exemption, however, is to relieve

agencies of the burden of assembling and maintaining

for public inspection matters in which the public cannot

reasonably be expected to have a legitimate interest.

The language of the federal provision is duplicated in

the first clause of Exemption (b). The addition of the

qualifying second clause of Exemption (b) evidences a

legislative intent to create an exemption that is

narrower in scope than the previously enacted, parallel

federal exemption.

For Exemption (b) to apply in Massachusetts, a records

custodian must demonstrate not only that the records

relate solely to the internal personnel practices of the

government entity, but also that proper performance of

necessary government functions will be inhibited by

disclosure.

C. Exemption (c)

Exemption (c) applies to

personnel and medical files or information; also any

other materials or data relating to a specifically named

individual, the disclosure of which may constitute an

unwarranted invasion of personal privacy

G.L. c. 4, § 7(26)(b).

Department of the Air Force v. Rose, 425 U.S. 352, 362-70 (1976).

See Globe Newspaper Company v. Boston Retirement Board, 388 Mass. 427, 432-33 (1983) (where the language

of a parallel state statute differs in material respects from a previously enacted federal statute, a rejection or

expansion of the legal principles embodied in the federal statute may be inferred).

G.L. c. 4, § 7(26)(c).

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With respect to this exemption, A Guide to the Massachusetts Public

Records Law advises that

The privacy exemption is made up of two separate

clauses, the first of which exempts personnel and

medical files. As a general rule, medical information will

always be of a sufficiently personal nature to warrant

exemption.

The Massachusetts Supreme Judicial Court determined

that exempting personnel information from disclosure

serves to protect the government’s ability to function

effectively as an employer.

The release of certain

personnel information could disrupt the government’s

capability to conduct sensitive and careful

investigations regarding employees.

While statutorily exempting personnel information

from the expansive definition of public records, the

legislature did not explicitly define personnel

information.

However, judicial decisions acknowledge

that the term is neither rigid, nor exact, and that the

determination is case-specific.

The custodian’s

classification of materials as “personnel information” is

not conclusive.

Instead, the nature or character of the

documents, as opposed to the documents’ label, is

crucial to the analysis.

…

Globe Newspaper Company v. Boston Retirement Board, 388 Mass. 427, 442 (1983); see also Globe Newspaper

Company v. Chief Medical Examiner, 404 Mass. 132 (1989) (autopsy reports constitute exempt medical

information).

Wakefield Teacher’s Association v. School Committee of Wakefield, 431 Mass. 792, 802

(2000).

Id.

G.L. c. 4, § 7(26)(c).

Worcester Telegram & Gazette Corporation v. Chief of Police of Worcester, 58 Mass. App.

Ct. 1, 5 (2003).

Wakefield Teacher’s Association, 431 Mass. at 798.

See Worcester Telegram & Gazette Corp., 436 Mass. at 386.

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Generally, personnel information that is useful in

making employment decisions regarding an employee is

sufficiently personal to be exempt pursuant to the first

clause.

Such information may include employment

applications, employee work evaluations, disciplinary

documentation, and promotion, demotion, or

termination information.

…

The second clause of the privacy exemption applies to

requests for records that implicate privacy interests. Its

application is limited to “intimate details of a highly

personal nature.”

Examples of “intimate details of a

highly personal nature” include marital status,

paternity, substance abuse, government assistance,

family disputes and reputation.

Portions of records

containing such information are exempt unless there is

a paramount public interest in disclosure.

When applying the second clause of the exemption to

requested records it is necessary to perform a two-step

analysis: first, determine whether the information

constitutes an “intimate detail” and second, determine

whether the public interest in disclosure outweighs the

privacy interest associated with disclosure.

Consequently, the application of the second clause of

the exemption must be determined on a case-by-case

basis.

Wakefield Teachers Association v. School Committee of Wakefield, 431 Mass. 792, 798 (2000); see also Connolly

v. Bromery, 15 Mass. App. Ct. 661, 664 (1983) (evaluative materials are of a particularly personal and volatile

nature).

Wakefield Teachers Association v. School Committee of Wakefield, 431 Mass. 792, 798 (2000); see also Brogan v.

School Committee of Westport, 401 Mass. 306, 308 (1987); Pottle v. School Committee of Braintree, 395 Mass.

861, 866 (1985); George W. Prescott Publishing Company v. Register of Probate for Norfolk County, 395 Mass. 274,

278 (1985).

Attorney General v. Assistant Commissioner of the Real Property Department of Boston, 380 Mass. 623, 625

(1980).

Id. At 626 n. 2.

Collector of Lynn, 377 Mass. 156.

Id.

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1. Internal Affairs Records

The lead case on the applicability of exemption (c) to internal affairs records is

Worcester Telegram & Gazette Corporation v. Chief of Police of Worcester, 58

Mass. App. Ct. 1 (2003), where the Court ruled that internal affairs reports do not

fall within exemption (c) of the public records law.

In the Worcester case, the Telegram & Gazette sought to obtain access to a

Worcester police department internal affairs file pursuant to the public records

law. The file contained materials that were compiled during an investigation of a

citizen complaint filed against a particular officer. The City sought to withhold the

entire file on the ground that it was exempted under exemption (c) of the law. In

particular, the City claimed that the file was categorically exempt “personnel file

or information” because it was part of a disciplinary report. The City argued that

because internal affairs is an investigatory process that leads to officer discipline,

documents and reports in an internal affairs file are “disciplinary documentation”

and “disciplinary reports” within the ambit of the decision in Wakefield Teachers

Assn. v. School Comm. of Wakefield, 431 Mass. 792 (2000).

The Appeals Court

disagreed, however, and ruled that the certain portions of the internal affairs file

must provided pursuant to the law.

In its analysis, the Court considered each of the different types of documents that

were included within the internal affairs file in determining whether any of those

documents would be exempted as “personnel file or information.”

The Court determined that the following documents in the internal affairs file did

not fall within the ambit of exemption (c):

 Citizen complaint;

 Notice of claim under the Tort Claims Act;

 Letters from the Chief to the complainant (advising of the start of the

investigation and of its results);

 Police reports;

 Incident reports;

In Wakefield, the SJC advised that “While the precise contours of the legislative term ‘personnel [file] or

information’ may require case-by-case articulation, it includes, at a minimum, employment applications, employee

work evaluations, disciplinary documentation, and promotion, demotion, or termination information pertaining to

a particular employee. These constitute the core categories of personnel information that are ‘useful in making

employment decisions regarding an employee.’”… It would distort the plain statutory language to conclude that

disciplinary reports are anything but ‘personnel [file] or information.’” Wakefield, 431 Mass. at 798.

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 Card reflecting police details and rosters;

 Arrest logs;

 Commercial phone book listing;

 Memoranda from the Chief to the involved officer and other officers

requiring information about the incident;

 Responses of the involved officer and other officers;

 Summaries of witness interviews;

 Internal affairs report and supplemental report;

 Memorandum from the Chief to the involved officer detailing the results

of the investigation.

Specifically, the Court noted that

The officers' reports, the witness interview

summaries, and the internal affairs report itself

clearly bear on the ultimate decision by the chief to

discipline or to exonerate [the officer] based upon

the investigation. However, that these documents

bear upon such decisions does not make their

essential nature or character ‘personnel [file] or

information.’ Rather, their essential nature and

character derive from their function in the internal

affairs process.

The Court further explained “[t]hat the internal affairs process might lead to

discipline, or even criminal action, does not transmute all materials in an internal

affairs investigation into a disciplinary report, disciplinary documentation, or

promotion, demotion or termination information.”

The Court distinguished its holding in this case from that in the Wakefield by

advising that

The formalized nature and unique purpose of the

internal affairs citizen complaint process serve to

distinguish this case from Wakefield, supra, in which

the court determined a disciplinary decision and

report of a school superintendent regarding a public

Worcester, 58 Mass. App. Ct. at 7 (emphasis added).

Worcester, 58 Mass. App. Ct. at 8.

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school teacher to be exempt "personnel [file] or

information."…It would be odd, indeed, to shield

from the light of public scrutiny as "personnel [file]

or information" the workings and determinations of

a process whose quintessential purpose is to inspire

public confidence. Accordingly, we consider the

officers' reports, the witness interview summaries,

and the internal affairs report itself to be

substantially different from the single, integrated

report held to be "personnel [file] or information" in

Wakefield. …The nature and character of these

materials, and the context in which they arise, take

them beyond what the legislature contemplated

when exempting "personnel [file] or information."

The Court did, however, determine that one document in the internal affairs file

was subject to exemption (c); that was a notice from the disciplining authority (the

Chief) to the involved officer advising of the disciplinary decision (that disciplinary

action was not warranted in this particular case). The Court ruled that “[t]he

nature and character of this document makes it part of ‘the core category of

personnel information that is useful in making employment decisions regarding

the employee.’”

2. Law Enforcement Cases

 A Notification of Personnel Action Form was properly withheld while an

Agreement between specifically named employee and city was not

properly withheld. The Notification of Personnel Action Form is a

disciplinary document that is useful in making employment decisions.

Although certain information within records of separation, severance,

Worcester, 58 Mass. App. Ct. at 8-9.

Worcester, 58 Mass. App. Ct. at 9. The Court went on to explain that

We acknowledge that, at first glance, the distinction drawn between the records seems an unlikely splitting

of hairs: the memorandum from the chief to [the officer] constitutes exempt "personnel [file] or

information," while documents from the internal affairs investigation proper, including the interviews, the

reports, the conclusions and recommendations, and the documenting of its results to the complainant are

not so exempt. However, when considered in light of the purpose of the public records law, it is not at all

illogical that the Legislature would intend the bricks and mortar of the investigation and the documenting

of its results to the complainant to fall outside the exemption for "personnel [file] or information," but

would intend the actual order and notice of disciplinary action issued as a personnel matter from the chief

to the target of the disciplinary investigation to be exempt. Worcester, 58 Mass. App. Ct. at 10.

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transition or settlement agreements are considered public records subject

to mandatory disclosure, portions of information contained in the

agreements that are “useful in making employment decisions regarding an

employee” are entitled to be withheld from mandatory disclosure.

SPR15/314, recon. (January 8, 2016) (citing Globe Newspaper Company,

Inc. v. Executive Office of Administration and Finance, Suffolk Superior

Court Civil Action No. 11-01184-A (June 14, 2013).

 Social security numbers may be properly withheld under exemption (c).

Doe v. Registrar of Motor Vehicles, 26 Mass. App. Ct. 415, 427 (1988)

(holding that a motor vehicle licensee has a privacy interest in disclosure

of his social security number).

 Copy of a video of the exterior of the police department from January 10,

taken from 7:38 a.m. to 8:20 a.m. was properly withheld where the release

of a security video which provides a visual record of medical or personal

information of a highly sensitive nature would unduly encroach upon the

privacy rights or interests of an individual who voluntarily came to the

Public Safety Building seeking medical assistance, particularly where the

release of the video would add nothing to the written reports that the

Town has already provided. SPR16/034; SPR 16/092 (February 17, 2016).

 Certain photographs and video and a specific witness statement relating

to a fatal shooting were properly withheld where the photographs which

depict the inside of the victim’s home after the incident had occurred and

where the victim’s family still resides at this location and the disclosure of

the photographs and video would provide an intimate view into their

private residence. It was also proper to withhold the witness statement

since it was provided by a minor child and the privacy exemption is

specifically designed to protect information relating to individuals under

the age of 18. SPR14/284 (June 3, 2014).

 Any information contained in a witness statement, which if disclosed

would create a grave risk of directly or indirectly identifying the voluntary

witness is subject to withholding. Globe Newspaper Co. v. Boston

Retirement Bd., 388 Mass. 427, 438 (1983).

 A copy of a 2002 investigative report regarding a specifically identified

State Police Academy candidate was properly withheld as a personnel

record where it was created as a result of a background investigation

conducted of a prospective employee, and where the department

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generally conduct background investigations of candidates for

employment and where the record is considered part of the candidate’s

employment application and useful in making employment decisions.

SPR14/441, October 27, 2014.

 Copies of the disciplinary investigations that were conducted of two

specifically identified police officers were not properly withheld.

SPR14/482 (October 10, 2014).

 An individual’s date of birth does not constitute exempt personnel

information. Furthermore, the Superior Court has held that an individual’s

date of birth does not constitute an intimate detail of a highly personal

nature. See Doe v. Registrar of Motor Vehicles, 1 Mass. L. Rptr. 156, 19-20

(1993). SPR14/520 (October 20, 2014).

 A 2013 Superior Court decision provides guidance with respect to the

public nature of separation, severance, transition or settlement

agreements, as well as the types of personnel information included within

such agreements that may be exempt from disclosure. See Globe

Newspaper Company, Inc. v. Executive Office of Administration and

Finance, Suffolk Superior Court Civil Action No. 11-01184-A (June 14, 2013,

34-35. No government agency may made private an otherwise public

document merely by entering into an agreement to keep its terms

confidential. Washington Post Co. v. Department of Health and Human

Services, 690 F.2d 252, 263 (D.C. Cir. 1982); Galvin v. Mass. Mut. Life ins.

Co., 20 Mass. L. Rep. 533, 28 (2006). SPR14/566 (October 22, 2014).

 Documents related to injuries received by an officer during an arrest may

be properly redacted to protect the disclosure of the officer’s medical

information. SPR14/654 (February 24, 2015).

 Copies of the department’s official photos for specifically named officers

cannot be withheld as a personnel record since the photos would not be

useful in making employment decisions regarding the officers. SPR14/674,

recon. (June 5, 2015).

Note that this case did not involve the argument that a date of birth in combination with other identifying

information could be used to perpetrate identity theft and should be protected under exemption (c) for that

reason.

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 For incident reports, internal affairs reports or other records pertaining to

officers that have been arrested for OUI since January 1, 2012, and photos

of each officer arrest for OUI since January 1, 2012, it was proper to redact

the officer’s name and withhold the officer’s photograph. While generally,

photographs of public employees are a public record, in this instance, the

disclosure would serve to reveal identifying information regarding an

employee subjected to discipline. SPR14/729 (February 23, 2015).

 A disciplinary memorandum may properly be withheld as personnel

record. See Worcester Telegram & Gazette Corp., 58 Mass. App. Ct. 1

(2003). SPR 14/737 (March 9, 2015).

 The Massachusetts Superior Court has determined that the competence

and integrity of police personnel are inherently public concerns and all

internal investigations of police officers rise to the level of public record

status, regardless of the complainant, or the reason for commencing the

investigation. SPR15/059 (March 20, 2015) (citing Leeman v. Alan N. Cote,

2006 Mass. Super. LEXIS 404, 16 (Mass. Super. Ct. 2006).

 The fact that officers of the department initiated the complaint does not

diminish their status as citizens for public records disclosure purposes.

Leeman v. Cote, 21 Mass. L. Rep. 411 (2006).

 A complete report of the findings made during internal employment

investigation initiated by one employee against another may not be

withheld even where the investigation was initiated through an internal

employee grievance process involving allegations of “harassing behavior”

among co-workers. SPR15/591; SPR15/592; SPR15/593 (March 24, 2016).

D. Exemption (d)

Exemption (d) applies to

inter-agency or intra-agency memoranda or letters

relating to policy positions being developed by the

agency; but this subclause shall not apply to reasonably

completed factual studies or reports on which the

development of such policy positions has been or may

be based

G.L. c. 4, § 7(26)(d).

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With respect to this exemption, A Guide to the Massachusetts Public

Records Law advises that

The exemption is intended to avoid release of materials

that could taint the deliberative process if prematurely

disclosed. Its application is limited to recommendations

on legal and policy matters found within an ongoing

deliberative process.

Factual reports which are

reasonably complete and inferences which can be

drawn from factual investigations, even if labeled as

opinions or conclusions, are not exempt as deliberative

or policy making materials.

Only portions of records

that possess a deliberative or policymaking character

and relate to an ongoing deliberative process are

exempt from mandatory disclosure.

E. Exemption (e)

Exemption (e) applies to

notebooks and other materials prepared by an

employee of the commonwealth which are personal to

him and not maintained as part of the files of the

governmental unit

With respect to this exemption, A Guide to the Massachusetts Public

Records Law advises that

The application of Exemption (e) is limited to records

that are work-related but can be characterized as

personal to an employee. Materials covered by the

exemption include personal reflections on work-related

activities and notes created by an employee to assist

him in preparing reports for other employees or for the

files of the governmental entity. The exemption may

Babets v. Secretary of the Executive Office of Human Services, 403 Mass. 230, n.8 (1988).

Moore-McCormack Lines, Inc. v. I.T.O. Corporation of Baltimore, 508 F.2d 945, 948 (1974) (construing cognate

federal provision).

G.L. c. 4, § 7(26)(e).

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not be used to withhold any materials that are shared

with other employees or are being maintained as part

of the files of a governmental unit.

Keep in mind that the key here is that the personal notes must not be shared with

another employee. If the notes are shared, then they become public records.

Generally speaking, email correspondence is not to be considered personal notes

under exemption (e). SPR16/046; SPR16/073 (February 18, 2016).

F. Exemption (f)

Exemption (f) applies to

investigatory materials necessarily compiled out of the

public view by law enforcement or other investigatory

officials the disclosure of which materials would

probably so prejudice the possibility of effective law

enforcement that such disclosure would not be in the

public interest

With respect to this exemption, A Guide to the Massachusetts Public

Records Law advises that

The exemption allows investigative officials to withhold

materials that could compromise investigative efforts if

disclosed. Exemption (f) does not, however, create a

blanket exemption for all records that investigative

officials create or maintain.

A records custodian must

demonstrate a prejudice to investigative efforts in order

to withhold requested materials. Accordingly, a records

custodian may withhold any information relating to an

ongoing investigation that could potentially alert

suspects to the activities of investigative officials.

G.L. c. 4, § 7(26)(e).

G.L. c. 4, § 7(26)(f).

District Attorney for the Norfolk District v. Flatley, 419 Mass. 507, 512 (1995); WBZ-TV4 v. District Attorney for

the Suffolk District, 408 Mass. 595, 603 (1990).

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Records custodians may withhold confidential

investigative techniques indefinitely since their

disclosure would prejudice future law enforcement

efforts.

The legislature also designed the exemption to allow

investigative officials to provide an assurance of

confidentiality to private citizens so that they will speak

openly about matters under investigation.

Any details

in witness statements, which if released create a grave

risk of directly or indirectly identifying a private citizen

who volunteers as a witness are indefinitely exempt.

This is one of the primary exemptions utilized by law enforcement agencies to

withhold or redact information from public records. It is also the most “controversial”

and as a result, the new Public Records Law provides for the establishment of a

“working group” that will explore how exemption (f) applies and will make

recommendations to the Legislature relative to the exemption.

Below are some cases in which exemption (f) was discussed which may be relevant to

law enforcement agencies:

 Confidential investigative techniques may be withheld indefinitely if disclosure

is deemed to be prejudicial to future law enforcement activities. Bougas v.

Chief of Police of Lexington, 371 Mass. 59, 62 (1976).

 An investigative agency is not required to demonstrate prejudice to withhold

the identities of voluntary witnesses, informants, or complainants. Reinstein

v. Police Commission of Boston, 378 Mass. 281, 290 n.18 (1979).

 911 calls and video recordings of citizen witness statements relating to a fatal

shooting were properly withheld since the identities of the individual

complainants / witnesses would be known upon disclosure and the responsive

records cannot be redacted in a manner that would protect the identities of

these individuals. SPR14-284 (June 3, 2014).

Bougas v. Chief of Police of Lexington, 371 Mass. 59, 62 (1976); see also United States Department of Justice v.

Landano, 113 S. Ct. 2014, 2020 (1993) (discussion of confidential sources of information under the federal

Freedom of Information Act.).

Bougas, 371 Mass at 62.

Globe Newspaper Company v. Boston Retirement Board, 388 Mass. 427, 438 (1983) (explanation of “identifying

details” and “grave risk of indirect identification”).

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 Emails related to the investigation of a fatal shooting were properly withheld

since they related to actions and recommendations that were taken during the

course of an investigation, the disclosure of which may have an adverse effect

on this and potentially other law enforcement efforts. SPR14-284 (June 3,

2014).

 Any information contained in a witness statement, which if disclosed would

create a grave risk of directly or indirectly identifying the voluntary witness is

subject to withholding. “The inquiry as to what constitutes identifying

information regarding an individual must be considered not only from the

viewpoint of the public, but also from the vantage of those who are familiar

with the individual and his career.” Globe Newspaper Co. v. Boston

Retirement Bd., 388 Mass. 427, 438 (1983).

 Where the department has not shown that the identifying information of

witnesses and/or complainants was so inextricably intertwined in the

requested documents, the documents may not be withheld in their entirety,

but the documents may be appropriately redacted. SPR14/482 (October 10,

2014).

 The disclosure of motor vehicle crash photos would not be harmful to

investigative efforts even where the department claims that the department

anticipates using the evidence in an on-going criminal case and the release

would prejudice the possibility of effective law enforcement. SPR14/679

(February 19, 2015).

 There is no requirement that an investigative agency demonstrate prejudice

to an ongoing investigation to withhold the identities of voluntary witnesses,

informants or complainants. Reinstein v. Police Commissioner of Boston, 378

Mass. 281, 290 n. 18 (1979).

 Any information contained in a witness statement which would create a grave

risk of directly or indirectly identifying the voluntary witness is subject to

withholding. The “inquiry as to what constitutes identifying information

regarding an individual must be considered not only from the viewpoint of the

public, but also from the vantage of those who are familiar with the individual

and his career.” Globe Newspaper Co. v. Boston Retirement Board, 388 Mass.

427, 438 (1983).

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 Audio recordings of specifically identified internal affairs interviews were

properly withheld where the department showed that it was necessary to

preserve its ability to offer confidentiality to employees who participate in

disciplinary investigation interviews; where the department’s ability to

conduct interviews with its officers regarding allegations against other officers

and/or employees is essential to its function and an assurance of

confidentiality is essential to ensure employees’ candid participation and, as a

result, the investigation’s success; and where disclosure of such records in this

case would discourage voluntary employee participation and candor which

would harm the department’s ability to conduct disciplinary investigations.

SPR15/591; SPR15/592; SPR15/593 (March 24, 2016).

G. Exemption (g)

Exemption (g) applies to records that are

trade secrets or commercial or financial information

voluntarily provided to an agency for use in developing

governmental policy and upon a promise of

confidentiality; but this subclause shall not apply to

information submitted as required by law or as a

condition of receiving a governmental contract or other

benefit

With respect to this exemption, A Guide to the Massachusetts Public

Records Law advises that

To properly claim Exemption (g), a custodian must meet

all six criteria contained in the exemption: (1) trade

secrets or commercial or financial information; (2)

voluntarily provided to a government entity; (3) for use

in developing government policy; (4) upon an assurance

of confidentiality; (5) information not submitted by law;

and (6) information not submitted as a condition of

receiving a governmental benefit. Consequently, this

exemption does not apply to information that

companies provide to the government in connection

G.L. c. 4, § 7(26)(g).

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with a contract bid or in compliance with a filing

requirement.

H. Exemption (h)

Exemption (h) applies to

proposals and bids to enter into any contract or

agreement until the time for the opening of bids in the

case of proposals or bids to be opened publicly, and

until the time for the receipt of bids or proposals has

expired in all other cases; and inter-agency or intra-

agency communications made in connection with an

evaluation process for reviewing bids or proposals, prior

to a decision to enter into negotiations with or to award

a contract to, a particular person

100

With respect to this exemption, A Guide to the Massachusetts Public

Records Law advises that

Exemption (h) serves to protect the integrity of the

bidding processes used by the government to procure

goods and services by allowing a records custodian to

withhold the proposals of early bidders from other

interested parties.

101

The exemption allows

government officials to review bids and proposals in an

insulated environment, but also provides for public

review of all evaluative materials once a decision is

reached.

Competitive bidding ensures full publicity of the

contract and encourages the guarding of the public

welfare.

102

Although the competitive bidding process

does not have the advantages of more flexible

Id.

100

G.L. c. 4, § 7(26)(h).

101

Datatrol Inc. v. State Purchasing Agent, 379 Mass. 679, 691 (1980) (the purposes of competitive bidding go

beyond economy and efficient administration to the prevention of favoritism in the awarding of government

contracts).

102

Datatrol Inc. v. State Purchasing Agent, 379 Mass. 679, 699 (1980).

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purchasing policies, the legislature has mandated the

process to foster honesty and accountability in

government.

103

…

The exemption addresses two types of records held by

an awarding authority (records custodian), each with its

own time frame. Proposals may be withheld until the

time for the receipt of proposals has expired. Bids may

be withheld until such time as the bids are publicly

opened and read by the awarding authority. This allows

the proposals of early bidders to be kept in confidence

so that subsequent bidders do not gain an unfair

advantage, thus, keeping all on equal footing. The

limitation on the duration of the exemption provides

the public with an opportunity to review the rejected

proposals to ensure that taxpayer dollars are wisely

spent.

The second clause of the exemption is similar to

Exemption (d) in its application.

104

It allows government

officials to withhold any inter-agency or intra-agency

communications regarding the evaluations of the bids

or proposals until the records custodian renders a

decision to enter into negotiations with the successful

bidder or awards the contract.

I. Exemption (i)

Exemption (i) applies to

appraisals of real property acquired or to be acquired

until (1) a final agreement is entered into; or (2) any

litigation relative to such appraisal has been

103

Id. at 701.

104

G.L. c. 4, § 7(26)(d); See also discussion of the application of Exemption (d) in the Massachusetts Guide to the

Public Records Law.

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terminated; or (3) the time within which to commence

such litigation has expired

105

This exemption does not apply to law enforcement entities since such

entities do not engage in the acquisition of real property, either

through purchase or eminent domain.

J. Exemption (j)

Exemption (j) applies to

the names and addresses of any persons contained in,

or referred to in, any applications for any licenses to

carry or possess firearms issued pursuant to chapter

one hundred and forty or any firearms identification

cards issued pursuant to said chapter one hundred and

forty and the names and addresses on sales or transfers

of any firearms, rifles, shotguns, or machine guns or

ammunition therefor, as defined in said chapter one

hundred and forty and the names and addresses on said

licenses or cards

106

With respect to this exemption, A Guide to the Massachusetts Public

Records Law advises that

The purpose of Exemption (j) is to prevent individuals

with devious motives from ascertaining the identities of

those who possess firearms. The scope of the

exemption is limited to restricting the public disclosure

of the name and address of the individual.

107

Clearly, on its face the exemption does not permit the

records custodian to withhold the firearm application or

identification card in its entirety. Exemption (j) allows

the identifying data, in particular, the name and address

of the licensee to be deleted from the record prior to

105

G.L. c. 4, § 7(26)(i).

106

G.L. c. 4, § 7(26)(j).

107

G.L. c. 4, § 7(26)(j).

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disclosure. It is exceptional that there are both an

exemption prohibiting the release of the identity and a

separate statute mandating confidentiality of

records.

108

This lends credibility to the supposition that

the legislature was especially concerned about release

of this type of information.

For example: What if the records custodian receives a

request for firearm records of a specifically named

individual, such as, “I request all gun permits issued to

John Smith”?

Here, the records custodian should withhold the entire

record, because even if the name and address are

redacted, the requester knows with certainty that this

particular record pertains to John Smith. It is impossible

for the records custodian to protect Mr. Smith’s

identity.

For example: Is the records custodian permitted to

withhold identifying information, other than name and

address, such as a criminal offender record information

(C.O.R.I.) or social security numbers?

The records custodian should review all the exemptions

in the Public Records Law to see whether one or more

of them are applicable, redact the information and

claim the proper exemptions.

109

For instance, C.O.R.I.

must be redacted before disclosing the gun application

pursuant to Exemption (a), and social security numbers

contained in the application may be withheld pursuant

to Exemption (c).

Note that the new Section 10B of Chapter 66 provides that records divulging or

tending to divulge the names and addresses of persons who own or possess firearms

or and ammunition, and names and addresses of persons licensed to carry or possess

the same may be provided to criminal justice agencies to the extent such information

108

G.L. c. 140, §§ 121-131P (discussing sale of firearms).

109

G.L. c. 4, § 7(26) (exemptions to the Public Records Law).

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relates solely to the person making the request and is necessary to the official

interests of the entity making the request.

K. Exemption (k)

Exemption (k) was repealed and only applies to public libraries.

L. Exemption (l)

Exemption (l) applies to

questions and answers, scoring keys and sheets and

other materials used to develop, administer or score a

test, examination or assessment instrument; provided,

however, that such materials are intended to be used

for another test, examination or assessment

instrument

110

With respect to this exemption, A Guide to the Massachusetts Public

Records Law advises that

The purpose of Exemption (l) is to prevent individuals

from gaining an unfair advantage by using the Public

Records Law to access test questions and answers prior

to the administration of an examination.

As long as the same materials are used to administer

subsequent examinations, the custodian of records may

continue to withhold the materials pursuant to

Exemption (l). The action to withhold the testing

materials ensures that the integrity of future testing is

not jeopardized.

M. Exemption (m)

Exemption (m) applies to

contracts for hospital or related health care services

between (i) any hospital, clinic or other health care

110

G.L. c. 4, § 7(26)(l).

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facility operated by a unit of state, county or municipal

government and (ii) a health maintenance organization

arrangement approved under chapter one hundred and

seventy-six I, a nonprofit hospital service corporation or

medical service corporation organized pursuant to

chapter one hundred and seventy-six A and chapter one

hundred and seventy-six B, respectively, a health

insurance corporation licensed under chapter one

hundred and seventy- five or any legal entity that is self

insured and provides health care benefits to its

employees

111

This exemption does not apply to law enforcement entities.

N. Exemption (n)

Exemption (n) applies to

records, including, but not limited to, blueprints, plans,

policies, procedures and schematic drawings, which

relate to internal layout and structural elements,

security measures, emergency preparedness, threat or

vulnerability assessments, or any other records relating

to the security or safety of persons or buildings,

structures, facilities, utilities, transportation or other

infrastructure located within the commonwealth, the

disclosure of which, in the reasonable judgment of the

record custodian, subject to review by the supervisor of

public records under subsection (b) of section 10 of

chapter 66, is likely to jeopardize public safety and cyber

security

112

With respect to this exemption, A Guide to the Massachusetts Public

Records Law advises that

This exemption is intended to secure the safety of

persons and public places by restricting access to

records that may have been previously open to public

111

G.L. c. 4, § 7(26)(m).

112

G.L. c. 4, § 7(26)(n).

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inspection. The nature of the exemption requires a

records custodian to make some value judgment

regarding the requester in order to decide whether to

release the information sought.

Making such a value judgment is specifically antithetic

to the previously expounded presumptions that all

records are public records and all requesters shall be

treated uniformly. The legislature was informed in

writing of this radical and disparate change in the Public

Records Law but chose to retain the language thereby

clearly indicating its intent to provide records

custodians with the discretion to withhold applicable

records.

A records custodian should review a request for such

records promptly and completely to gather all facts

surrounding the request. The records custodian is not

prevented from engaging the requester in conversation

by asking the requester to voluntarily provide additional

information in order to reach a “reasonable judgment,”

but a records custodian may not “require” the requester

to provide personal information.

113

For example: If a records custodian discloses a set of

blueprints under Exemption (n) to one requester, must

the same blueprints be made available to all subsequent

requesters?

This exemption is unique in its application in that the

disclosure of records to one requester does not render

the records public to all. If a records custodian

determines that disclosure of the records to a specific

requester would not compromise public safety, the

records custodian may then withhold the same records

to later requesters if, in the reasonable judgment of the

records custodian, release of the records to those

subsequent requesters would jeopardize public safety.

113

See SPR Bulletin No. 04-03 (April 1, 2003).

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Below are some decisions wherein exemption (n) was discussed which may be

relevant to law enforcement agencies:

 It was proper to withhold records related to security breaches at Logan

International Airport since the release of the information would likely

jeopardize public safety. The Supervisor of Public Records further advised that

he appreciated “the gravity with which the [custodian] treated this response,

particularly his choice to sign ‘under the penalty of perjury,’ a certification that

while not requested, is nonetheless noticed and appreciated.” SPR14/437

(October 17, 2014).

 It was proper to withhold dates of birth for each state police officer since

personal data, such as dates of birth, can be used to directly or indirectly

identify or target law enforcement personnel, their families, and/or allow for

the identification of home addresses and/or other confidential information.

See Commonwealth v. Righini, 64 Mass. App. Ct. 19, 24 (2005) (stating that

dates of birth “could be used to identify home addresses, to the discomfiture

of the officer and his family”). SPR14/520, recon. (August 26, 2015).

 It was proper to withhold the annual inventory report completed by the

Department as Massachusetts Coordinator for the 1033 Program since the

1033 Program provides surplus Department of Defense military equipment to

state and local law enforcement agencies through the State Coordinator and

where the records detail the quantity and technical specifications of property

received under the program and where the disclosure of this information

would undermine public safety as it relates to security measures and

emergency preparedness. SPR14/554 (December 17, 2014).

 It was appropriate to redact certain items from emails between the Fusion

Center and security vendors where the redacted material would reveal specific

security measures and security plans that the Commonwealth Fusion Center

has in place or in planning to implement and where the release of that

information would jeopardize public safety and would not be in the public

interest. SPR14/575 (October 31, 2014).

 The release of the officer’s photos would not jeopardize public safety unless

the officers provide undercover work for the department. SPR14/674, recon.

(June 5, 2015).

 It was proper to withhold a surveillance video clip where: (a) the video shows

individuals attempted to enter a high school; (b) disclosure would reveal both

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the location of the camera, the quality of the video, and the scope of the

camera’s range and capability which is not readily apparent upon looking at

the unit; and (c) disclosure would reveal the capability to monitor not only the

area in question, but every other area covered by a similar camera on the

school campus. SPR15/058, recon. (June 5, 2015).

 It was proper to withhold the inventory list of all non-lethal and less than lethal

directed energy weapons used by the State Police where the agency showed

that in its reasonable judgment, the release of the inventory and/or technical

specifications of weapons that it does, and does not have, would undermine

public safety as it relates to security measures and emergency preparedness.

SPR15/544 (August 25, 2015).

O. Exemption (o)

Exemption (o) applies to

the home address, personal email address and home

telephone number of an employee of the judicial

branch, an unelected employee of the general court, an

agency, executive office, department, board,

commission, bureau, division or authority of the

commonwealth, or of a political subdivision thereof or

of an authority established by the general court to serve

a public purpose, in the custody of a government agency

which maintains records identifying persons as falling

within those categories; provided that the information

may be disclosed to an employee organization under

chapter 150E, a nonprofit organization for retired public

employees under chapter 180, or a criminal justice

agency as defined in section 167 of chapter 6

114

Note that the new section 10B of Chapter 66 provides that the home address,

personal email address and home telephone number of law enforcement, judicial,

prosecutorial, department of youth services, department of children and families,

department of correction and any other public safety and criminal justice system

personnel, and of unelected general court personnel, may be disclosed to an

employee organization under G.L. c. 150E, a nonprofit organization for retired public

employees under G.L. c. 180 or to criminal justice agencies as defined in G.L. c. 6, §167.

114

G.L. c. 4, § 7(26)(o).

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P. Exemption (p)

Exemption (p) applies to

the name, home address, personal email address and

home telephone number of a family member of a

commonwealth employee, contained in a record in the

custody of a government agency which maintains

records identifying persons as falling within the

categories listed in subclause (o)

115

Q. Exemption (q)

Exemption (q) applies to

Adoption contact information and indices therefore of

the adoption contact registry established by section 31

of chapter 46

116

This exemption does not apply to law enforcement entities.

R. Exemption (r)

Exemption (r) applies to

Information and records acquired under chapter 18C by

the office of the child advocate.

117

S. Exemption (s)

Exemption (s) applies to

trade secrets or confidential, competitively-sensitive or

other proprietary information provided in the course of

activities conducted by a governmental body as an

energy supplier under a license granted by the

115

G.L. c. 4, § 7(26)(p).

116

G.L. c. 4, § 7(26)(q).

117

G.L. c. 4, § 7(26)(r).

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department of public utilities pursuant to section 1F of

chapter 164, in the course of activities conducted as a

municipal aggregator under section 134 of said chapter

164 or in the course of activities conducted by a

cooperative consisting of governmental entities

organized pursuant to section 136 of said chapter 164,

when such governmental body, municipal aggregator or

cooperative determines that such disclosure will

adversely affect its ability to conduct business in

relation to other entities making, selling or distributing

electric power and energy; provided, however, that this

subclause shall not exempt a public entity from

disclosure required of a private entity so licensed

118

This exemption does not apply to law enforcement entities.

T. Exemption (t)

Exemption (t) applies to

Statements filed under section 20C of chapter 32

119

With respect to this exemption, A Guide to the Massachusetts Public

Records Law advises that

Members of public retirement boards are required by

statute to file a statement of financial interest with the

Public Employee Retirement Administration

Commission. The statement of financial interest

document is exempt from disclosure under Exemption

(t).

120

U. Exemption (u)

118

G.L. c. 4, § 7(26)(s).

119

G.L. c. 4, § 7(26)(t).

120

See G.L. c. 32, § 20C.

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Exemption (u) applies to

trade secrets or other proprietary information of the

University of Massachusetts, including trade secrets or

proprietary information provided to the University by

research sponsors or private concerns

121

This exemption only applies to certain records in possession of the

University of Massachusetts. As a result, this exemption will not apply

to law enforcement entities outside of UMASS.

X. Records Management

Agencies are encouraged to have a policy relative to a records management program

which includes protocols and standards for the retention of paper and electronic records

consistent with the law applicable regulations.

A. Records Storage

The Public Records Law permits agencies to store records in many formats, most

notably, in paper and electronic formats. The Supervisor of Public Records has issued

several bulletins relating to the maintenance and storage of records.

On February 4, 2004, the Supervisor of Public Records issued guidelines relative to

records storage areas. These guidelines include the following:

a) Each container in a room should have a unique number and appear on an

inventory list or database. Shelves should be numbered also to provide

location information on lists.

b) Intellectual control of records also includes materials relating to records

destructions and transfers, and retrievals of records.

c) Do not store furniture and office supplies in record areas, and do not store

records with office supplies and furniture. Definitely, do not store records with

janitorial or facilities supplies especially flammables. Attics are prone to

excessive temperatures, and basements often flood or have excessive

moisture and humidity. Rooms with large window areas can become too hot.

Window shades can be utilized or plastic tinted window films can be applied

121

G.L. c. 4, § 7(26)(u).

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to window surfaces. Windows should be kept closed and locked where

security is an issue.

d) Keep tops on boxes to minimize damage from light, dust, and water.

e) Special media such as computer tapes and disks, video and audio-tape,

photographs, microfilm is best stored in cool environments with low relative

humidity, with low dust and pollution from internal vapors or outside air.

f) Records room should be secure and locked when not in use.

g) Records should be kept off the floors in case of flooding or a pipe burst, or if

sprinklers are set off. 3’ to 6” is normally adequate. Where no shelving exists,

place boxes up on pallets. Stack un-shelved boxes a maximum of 7 high or the

bottom box is likely to crush and topple the stack.

h) Avoid storing records under water pipes and steam pipes.

i) Rooms should be environmentally controlled to avoid excessive humidity and

temperatures.

j) Rooms should have a fire suppression system such as water sprinkler systems,

wet or dry, or gas and also smoke and/or heat sensors. Remember that wet

records can often be salvaged but burned records cannot be.

k) Shelving should be designed to maximize available space.

l) Remember that storage space can tend to fill up much quicker than

anticipated so leave as much room for growth as possible. Investigate

alternative media such as microfilm or scanning as a way of alleviating space

problems.

m) Floor load capacity an issue especially in older buildings. For calculations,

consider that a standard 1 cubic foot records carton can weigh between 30

and 40 pounds, and that these will be stacked one above the other.

n) Shelves must not extend the full distance to the ceiling or they will interfere

with sprinkler systems. Boxes should not be placed on the tops of shelving

units.

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o) Good shelf design is designed around the box dimensions. Two design

principles govern. 1. Higher is better. 2. Minimize aisle space. To minimize

aisle space you can place boxes two deep on a shelf. You will be able to locate

them through your inventory list with the shelf locations. Then you can place

two shelving units back to back, essentially providing 4 boxes deep, with aisle

access on both sides. Place shelves against walls when possible but, in this

case, only go two boxes deep. Aisles should be 3” wide. A standard shelf

dimension is 32x48” with either 12”, 24” or 36” clearance between shelves. If

you go to 36” clearance you will need much stronger shelves to support the

extra weight. 36” clearances make retrieval more difficult.

p) Shelves should have diagonal bracing and use nut and bolt construction that

has been found most secure during earthquakes. Ideally shelves should be

metal with baked enamel finishes.

q) Boxes should be the standard records carton (10"x12"x15") for ease of

handling and to maximize available space.

r) Avoid whenever possible storing records in buildings with wood flooring and

wood framing due to the potential fire hazards.

s) It may be cheaper or easier to make use of State Records Center or private

Record Centers instead of in-house storage. Distance away from the agency is

not as important as retrieval turn around time. Next day delivery is normally

acceptable, with the potential for emergency 1 to 2 hour service. Generally,

Records Center storage is cheaper than office space.

t) If records get wet, moldy, or damaged contact the Records Management Unit

of the Massachusetts Archives for guidance. See article on "Records Disaster

Recovery" at this website.

u) A table is useful for viewing box contents, for processing boxes and for other

general use. A wheeled library or book cart makes a temporary table and

provides a method of transporting materials. Be sure aisles can accommodate

carts or ladder mechanisms, or other equipment that might be used in the

area.

With respect to the maintenance of dedicated records storage areas, the Supervisor

of Public Records has established the following regulations:

122

SPR Bulletin 03-92

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1) The use of smoking materials and the consumption of foods and beverages in

dedicated records storage areas is prohibited.

2) Dedicated records storage areas should be kept clean and free of

environmental hazards to records. In the case of storage areas shared by

multiple offices, the executive officer should appoint an individual to monitor

conditions, report and correct violations.

3) All persons should refrain from smoking and consumption of foodstuffs when

handling records.

4) Officials should take reasonable care in referencing, retrieving, and refiling

records so that the physical composition of the record, and the information it

contains, is not damaged.

5) When planning the construction or refurbishment of a dedicated records

storage area, officials should consult Specifications for Safes and Vaults,

available from this office. Specifications describe requirements for the

construction of vaults; temperature and humidity levels to be maintained in

them; sprinkler, heating, ventilation and air conditioning systems to be used;

appropriate storage equipment; and related matters.

The PRL provides that when records are not in use, they must be stored in “fireproof

rooms, vaults or safes or buildings, vaults or file rooms that comply with standards of

the National Fire Protection Association, or by electronic means with off-site secure

storage, or in accordance with standards promulgated by the records conservation

board.”

123

With respect to records created outside of a municipal office, the Supervisor of Public

Records has established the following regulations:

124

1) Whenever original public records are removed from a municipal office by a

records custodian for use in the regular course of business in a private office

or home, they shall be stored in fire resistant devices and safes provided by

the municipality.

123

G.L. c. 66, § 12.

124

SPR Bulletin 04-94

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2) If a custodian cannot insure fire resistant storage outside the municipal

building then no original records may be removed. However, the custodian

may create copies of records for use in a private office or home.

3) Whenever original records are created outside the municipal offices, they shall

be transferred on a regular and frequent basis to secure storage in the

municipal building. If secure storage is available in the custodian's private

office or home, then copies of records shall be made and stored in the

municipal building.

4) Whenever a records custodian finds it necessary to work in another location

other that the municipal building, he shall make himself available during

regular posted office hours at a location convenient to the public.

5) Whenever an official relinquishes his office, he shall deliver over to his

successor all such records he is not authorized by law to retain. See G. L. c. 66,

§ 14.

Finally, the Supervisor of Public Records has established certain guidelines relative to

security breach protections of public records. In particular, these guidelines relate to

agencies which maintain personal information of residents of the Commonwealth.

The bulletin describes “personal information” as being

a resident's first name and last name or first initial and

last name in combination with any 1 or more of the

following data elements that relate to such resident:

a) Social Security number;

b) driver's license number or state-issued

identification card number; or

c) financial account number, or credit or debit card

number, with or without any required security

code, access code, personal identification

number or password, that would permit access

to a resident’s financial account; provided,

however, that “personal information” shall not

include information that is lawfully obtained

from publicly available information, or from

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federal, state or local government records

lawfully made available to the general public.”

125

The guidelines advise that:

126

1) An agency to which this Bulletin applies shall establish, execute, and manage

an inclusive, written information security program that applies to any records

under their custody or control containing personal information, as defined in

Section 1 of Chapter 93H. The security program should take into consideration

the legal requirements for the retention and destruction of the records at

issue. Additionally, the records management policy should develop

procedures that address the identification, retention, retrieval, ultimate

disposition or destruction of and access to these records containing personal

information.

2) An agency to which this Bulletin applies shall provide guidance to employees

regarding how to identify and maintain information that contains personal

information.

3) An agency to which this Bulletin applies shall take all reasonable steps to

destroy, or arrange for the destruction of a Massachusetts resident's records

within its custody or control containing personal information which is no

longer to be retained by the agency in compliance with the destruction

provisions of Section 2 of Chapter 93I, the Records Conservation Board and/or

the Supervisor of Records, agency business needs, or the requirements of any

other Federal or state records retention requirement including, without

limitation, rules of civil or criminal procedure.

4) An agency to which this Bulletin applies that owns or licenses personal

information about a Massachusetts resident shall implement and maintain

reasonable security procedures and practices appropriate to the nature of the

information, to protect the personal information from unauthorized access,

destruction, use, modification, or disclosure.

5) An agency to which this Bulletin applies that discloses personal information

about a Massachusetts resident pursuant to a contract with a nonaffiliated

third party executed after implementation of this Bulletin shall require by

contract that the third party implement and maintain reasonable security

125

SPR Bulletin 01-08

126

SPR Bulletin 01-08

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procedures and practices appropriate to the nature of the information, to

protect the personal information from unauthorized access, destruction, use,

modification, or disclosure.

6) As required by Section 3(c) of Chapter 93H, an agency within the Executive

Department must provide written notification of the nature and

circumstances of a security breach or unauthorized acquisition or use of

personal information to both the Information Technology Division and the

Division of Public Records. The agency is required to comply with all policies

and procedures adopted by the Information Technology Division pertaining to

the reporting and investigation of such an incident.

7) The written notification, at minimum, must contain information concerning:

a. The nature of the breach of security or unauthorized acquisition or use

of personal information;

b. The number of individuals affected;

c. Actions taken to address the security issue;

d. Measures to be implemented to prevent similar security issues;

e. Contact information for an individual at the agency who can provide

further information concerning the security issue, if necessary.

8) An electronic communication will satisfy the requirement for written

notification. See G.L. ch. 110G. The Information Technology Division requests

that notification, pursuant to Section 3(c) of Chapter 93H, is provided

electronically via an email sent to Information Technology Division's Chief

Information Officer and copied to the Information Technology Division's

Security Officer and General Counsel, rather than via paper letter.

9) The exemptions to the Public Records Law shall apply to the records created

pursuant to Chapter 93H. Please note, these exemptions from disclosure are

strictly and narrowly construed. Agencies are encouraged to refer to Chapter

4, Sections 7(26)(a-q) in order to properly apply the exemptions in the manner

necessary to maintain the integrity and security of these records.

In addition, the PRL gives a custodian of records the ability to enter into a contract for

the storage of records containing public record information, provided the contract

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does not prevent or unduly restrict a records access officer or custodian of records

from providing or storing the records in accordance with this chapter. Records held in

another location pursuant to a contract will still considered to be in the custody of the

custodian. A person who refuses or neglects to perform any duty required by this

section shall be punished by fine of $20.

127

It is permissible to establish electronic storage systems. Municipal agencies wishing

to do so should file Form RMU-1E and Form RMU-2E with the Supervisor of Public

Records. Section 19 of Chapter 66 provides that a records access officer must consult

with their chief executive or administrative officer (G.L. c. 110G, § 17) or the

Massachusetts officer of information technology (G.L. c. 7D) when designing or

acquiring an electronic record keeping system or database, to ensure that the system

or database is capable of providing data in a commonly available electronic, machine

readable format.

128

Such database designs or acquisitions shall allow for, to the extent feasible,

information storage and retrieval methods that permit the segregation and retrieval

of public records and redacting of exempt information in order to provide maximum

public access.

Agencies should also be cautious to adhere to the Electronic Records Management

Guidelines issued by the Supervisor of Public Records, the Records Conservation

Board and the Information Technology Division.

B. Records Retention

Municipalities are best advised to consult the Municipal Records Retention Schedule

to ensure that all records are retained for the requisite periods. In some cases, it may

be advisable to retain the records longer than required by the schedule (e.g. it is a

best practice to retain records that may be useful in civil litigation until the statute of

limitation has run).

C. Records Destruction

After records have been retained for the required retention period, they may be

destroyed. In all cases, the appropriate form must first be filed and written permission

must be obtained.

127

G.L. c. 66, § 17.

128

G.L. c. 66, § 19.

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1. Municipal Departments

For municipal departments, it will be necessary to obtain the written permission

of the Supervisor of Public Records prior to destroying any public records.

If the department is simply destroying records, then the department must

complete and submit Form RMU-2.

If the department is scanning records into electronic format and then destroying

the paper originals, then the department must complete and submit Form RMU-

2E.

If the department is scanning records into microfilm format and then destroying

the paper originals, then the department must complete and submit Form RMU-

2M.

2. State Agencies

For state agencies, it will be necessary to obtain the written permission of the

Records Conservation Board prior to destroying any public records.

If the agency is simply destroying records, then the agency must complete and

submit Form RCB-2U.

If the agency is scanning records into microfilm format and then destroying the

paper originals, then the agency must complete and submit Form RCB-2M.

ACTION ITEM

As soon as practicable, Chiefs should inspect the department’s

records storage to ensure compliance with the guidelines set

forth by the SPR. Chiefs should also audit the records to

determine if certain records should be destroyed pursuant to

the applicable regulations.

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FORMS APPENDIX

Sample Form 1……………………………………..Records Access Officer Information Notice

Sample Form 2…………………………………...Agency Records Access Officer Request Log

Sample Form 3……………………………………………Sample Public Record Response Letter

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SAMPLE FORM 1

POST IN CONSPICUOUS PLACE (E.G. LOBBY)

AND WEBSITE IF ONE EXISTS.

RECORDS ACCESS OFFICER

FOR THE

LANESBOROUGH POLICE DEPARTMENT

The following person has been designated as the Records

Access Officer for the [Insert Name] Police Department

pursuant to the Public Records Law. All Public Records

requests should be directed to this person using the

contact information provided below. Public Records may

be made in-person, via telephone, mail or electronic mail.

NAME: JASON COSTA

TITLE: OFFICER

ADDRESS: 8 PROSPECT STREET, PO BOX 1560

PHONE: 413-443-4107 FAX-413-442-9708

EMAIL: jcosta@lanesboroughpolice.com

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SAMPLE FORM 2

PUBLIC RECORD REQUEST LOG

DATE REQUEST RECEIVED

NATURE OF REQUEST

FORM OF REQUEST (check one):

IN-PERSON ORAL IN-PERSON WRITTEN VIA POSTAL MAIL VIA ELECTRONIC MAIL

RESPONSE TO THE REQUEST:

INITIAL RESPONSE DUE: _______/_______/_______ INITIAL RESPONSE PROVIDED: _______/_______/_______

RESPONSE (check all that apply):

COMPLIED WITH THE REQUEST (the records were provided either in a redacted or un-redacted format)

DENIED THE REQUEST

OBTAINED AN EXTENSION OF TIME

SUGGESTED A REASONABLE MODIFICATION OF THE SCOPE OF THE REQUEST

PROVIDED THE REQUESTER WITH A REASONABLE FEE ESTIMATE

RECORDS PROVIDED: _______/_______/_______

FEES:

WERE ANY FEES CHARGED IN CONNECTION WITH THIS REQUEST? YES NO

IF YES, ANSWER THE FOLLOWING:

TOTAL FEE CHARGED: $____________

ESTIMATE PROVIDED? YES NO

PAYMENT RECEIVED? YES NO

ITEMIZATION OF FEE CHARGED (check all that apply):

Copy Costs: $__________

Search and Segregation Time: $__________ Hours Required to Fulfill Request:__________

Lowest Paid Employee Capable:_____________________________ Hourly Rate:__________

Cost of Medium: $__________

PETITIONS (check all that apply):

EXTENSION OF TIME Date Filed: ______/______/______ Supervisor Response: ______/______/______

Time Requested: __________days Time Granted: __________days

S&S TIME FEES Date Filed: ______/______/______ Supervisor Response: ______/______/______

Fee Requested: $______________ Fee Granted: $______________

HR RATE INCREASE Date Filed: ______/______/______ Supervisor Response: ______/______/______

Rate Requested: $______________ Rate Granted: $______________

APPEALS (check all that apply):

SUPERVISOR OF PUBLIC RECORDS Date Filed: _____/_____/_____ Supervisor Response: _____/_____/_____

Result:

Date to Comply with Order: _____/_____/_____

SUPERIOR COURT Date Filed: _____/_____/_____ Final Adjudication: _____/_____/_____

Result:

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

SAMPLE FORM 3

REPRODUCE ON LETTERHEAD AND

CHOOSE ALL PARAGRAPHS THAT APPLY.

[Insert Date]

[Requester’s Name]

[Address 1]

[Address 2]

RE: Public Records Request dated [insert date]

Response of Records Access Officer

Dear [Requester]:

On [INSERT DATE], we received your request pursuant to the Massachusetts Public Records Law

for the following records:

 [INSERT LIST OF REQUESTED RECORDS HERE]

USE IF REQUESTED RECORDS ARE NOT WITHIN DEPARTMENT’S POSSESSION, CUSTODY OR

CONTROL:

With respect to your request, please be advised that this Department does not have possession,

custody or control of the records requested. The mandatory disclosure provision of the Public

Records Law only applies to information that is in the custody of the Department at the time the

request is received. As a result, there is no obligation for a Department to create a record for a

requester to honor a request. See G.L. c. 4, section 7(26) (defining "public records" as materials

which have already been "made or received" by a public entity); see also 32 Op. Att'y Gen. 157,

165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for

information); see also A Guide to the Massachusetts Public Records Law, Secretary of the

Commonwealth, Division of Public Records, p. 7 (January 2013) (hereinafter Public Records

Guide). As a result, the Department in unable to respond to your request. However, the records

requested may be in the possession, custody or control of the following department/agency:

[INSERT APPROPRIATE DEPARTMENT AND ADDRESS IF KNOWN].

USE IF THE REQUESTED RECORDS WILL BE WITHHELD AND/OR REDACTED:

With respect to your request, the Department intends to withhold/redact the following

requested records:

 [INSERT REQUESTED RECORDS TO BE WITHHELD/REDACTED

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

The Department intends to withhold/redact the above-referenced requested records due to the

applicability of the following exemptions and the reasons set forth below [CHOOSE ALL THAT

APPLY]:

1. Exemption (a): This exemption applies to records that are "specifically or by necessary

implication exempt from disclosure by statute." [INSERT APPROPRIATE STATUTORY

LANGUAGE – EXAMPLES BELOW]

[CORI]: In particular, G.L. c. 6, sections 167-178B, and related regulations, requires that

criminal justice agencies withhold any records and data in any communicable form

compiled by a Massachusetts criminal justice agency which concern an identifiable

individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial

proceeding, other judicial proceedings, previous hearings conducted pursuant to section

58A of chapter 276 where the defendant was detained prior to trial or released with

conditions under subsection (2) of section 58A of chapter 276, sentencing, incarceration,

rehabilitation, or release. Such information shall be restricted to that recorded as the

result of the initiation of criminal proceedings or any consequent proceedings related

thereto. Criminal offender record information shall not include evaluative information,

statistical and analytical reports and files in which individuals are not directly or indirectly

identifiable, or intelligence information. Criminal offender record information shall be

limited to information concerning persons who have attained the age of 18 and shall not

include any information concerning criminal offenses or acts of delinquency committed

by any person before he attained the age of 18; provided, however, that if a person under

the age of 18 is adjudicated as an adult, information relating to such criminal offense shall

be criminal offender record information. Criminal offender record information shall not

include information concerning any offenses which are not punishable by incarceration.

[DOMESTICS]: In particular, G.L. c. 41, section 97D requires law enforcement agencies to

keep the following information confidential: "All reports of rape and sexual assault or

attempts to commit such offenses, all reports of abuse perpetrated by family or

household members, as defined in section 1 of chapter 209A, and all communications

between police officers and victims of such offenses or abuse..."

[HOME ADDRESS, TELEPHONE NUMBER AND PERSONAL EMAIL ADDRESS OF CERTAIN

PERSONNEL]: In particular, G.L. c. 66, section 10B advises that the home address,

telephone number and personal email address of law enforcement, judicial,

prosecutorial, department of youth services, department of children and families,

department of correction and any other public safety and criminal justice system

personnel, and of unelected general court personnel shall not be public records.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

[NAME, HOME ADDRESS, TELEPHONE NUMBER AND PERSONAL EMAIL ADDRESS OF

FAMILY MEMBERS OF CERTAIN PERSONNEL]: In particular, G.L. c. 66, section 10B advises

that the name, home address, telephone number and personal email address family

members of law enforcement, judicial, prosecutorial, department of youth services,

department of children and families, department of correction and any other public

safety and criminal justice system personnel, and of unelected general court personnel

shall not be public records.

[VICTIM INFORMATION]: In particular, G.L. c. 66, section 10B advises that the home

address, telephone number, personal email address or place employment or education

of victims of adjudicated crimes, of victims of domestic violence and of persons providing

or training in family planning services and the name, home address, telephone number,

personal email address or place of employment or education of a family member of any

of the foregoing shall not be public records.

[FIREARM OWNERSHIP / LICENSE INFORMATION]: In particular, G.L. c. 66, section 10B

advises that licensing authorities (under G.L. c. 140, § 121) shall not disclose any records

divulging or tending to divulge the names and addresses of persons who own or possess

firearms, rifles, shotguns, machine guns and ammunition therefor, as defined in said

section 121 of said chapter 140, and names and addresses of persons licensed to carry or

possess the same to any person, firm, corporation, entity or agency except criminal justice

agencies as defined in section 167 of chapter 6 and except to the extent such information

relates solely to the person making the request and is necessary to the official interests

of the entity making the request.

The records requested contain [INSERT APPROPRIATE RESPONSE HERE]. As a result, such

information must be withheld/redacted under the law.

2. Exemption (b): This exemption applies to “records that are related solely to internal

personnel rules and practices of the government unit, provided however, that such

records shall be withheld only to the extent that proper performance of necessary

governmental functions requires such withholding.” The requested records contain

[INSERT APPROPRIATE RESPONSE HERE]. This exemption applies because [EXPLAIN, WITH

SPECIFICITY, HOW THIS EXEMPTION APPLIES]. As a result, such information must be

withheld/redacted under the law.

3. Exemption (c): This exemption applies to "personnel and medical files or information;

also any other materials or data relating to a specifically named individual, the disclosure

of which may constitute an unwarranted invasion of personal privacy." [INSERT

APPROPRIATE LANGUAGE – EXAMPLES BELOW]

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

The records requested contain medical files or information which must be

withheld/redacted from the records pursuant to this exemption.

The records requested contain information which, if disclosed, would constitute an

unwarranted invasion of personal privacy. Such information contains intimate details and

the privacy interests involved outweigh the public interests in the disclosure of that

information.

[EXPLAIN, WITH SPECIFICTY, HOW THIS EXEMPTION APPLIES]. As a result, such

information must be withheld/redacted under the law.

4. Exemption (d): This exemption applies to "inter-agency or intra-agency memoranda or

letters relating to policy positions being developed by the agency; but this subclause shall

not apply to reasonably completed factual studies or reports on which the development

of such policy positions has been or may be based." In particular, the requested records

concern an ongoing deliberative process which could be tainted if prematurely disclosed.

Once this deliberative process has been completed, the requested documents may be

disclosed. The records requested contain [INSERT APPROPRIATE RESPONSE HERE AND

EXPLAIN, WITH SPECIFICITY, HOW THIS EXEMPTION APPLIES]. As a result, such

information must be withheld/redacted under the law.

5. Exemption (e): This exemption applies to "notebooks and other materials prepared by an

employee of the commonwealth which are personal to him and not maintained as part

of the files of the governmental unit." In particular, the requested records concern an

ongoing deliberative process which could be tainted if prematurely disclosed. The records

requested contain [INSERT APPROPRIATE RESPONSE HERE AND EXPLAIN, WITH

SPECIFICITY, HOW THIS EXEMPTION APPLIES]. As a result, such information must be

withheld/redacted under the law.

6. Exemption (f): This exemption applies to "investigatory materials necessarily compiled

out of the public view by law enforcement or other investigatory officials the disclosure

of which materials would probably so prejudice the possibility of effective law

enforcement that such disclosure would not be in the public interest." While this

exemption is not a blanket exemption is applies to such information, the disclosure of

which would prejudice investigative efforts. In particular, it applies to information related

to ongoing investigations, confidential investigative techniques and information which

directly or indirectly identifies witnesses or informants. The records requested contain

[INSERT APPROPRIATE RESPONSE HERE AND EXPLAIN, WITH SPECIFICITY, HOW THIS

EXEMPTION APPLIES]. As a result, such information must be redacted under the law.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

7. Exemption (g): This exemption applies to "trade secrets or commercial or financial

information voluntarily provided to an agency for use in developing governmental policy

and upon a promise of confidentiality; but this subclause shall not apply to information

submitted as required by law or as a condition of receiving a governmental contract or

other benefit." In particular, the requested records include: (1) trade secrets or

commercial or financial information; (2) voluntarily provided to a government entity; (3)

for use in developing government policy; (4) upon an assurance of confidentiality; (5)

information not submitted by law; and (6) information not submitted as a condition of

receiving a governmental benefit. The records requested contain [INSERT APPROPRIATE

RESPONSE HERE AND EXPLAIN, WITH SPECIFICITY, HOW THIS EXEMPTION APPLIES]. As a

result, such information must be withheld/redacted under the law.

8. Exemption (h): This exemption applies to "proposals and bids to enter into any contract

or agreement until the time for the opening of bids in the case of proposals or bids to be

opened publicly, and until the time for the receipt of bids or proposals has expired in all

other cases; and inter-agency or intra-agency communications made in connection with

an evaluation process for reviewing bids or proposals, prior to a decision to enter into

negotiations with or to award a contract to, a particular person." In particular, proposals

may be withheld until the time for the receipt of proposals has expired and bids may be

withheld until such time as the bids are publicly opened and read by the awarding

authority. After that point in time, the requested records may be provided. The records

requested contain [INSERT APPROPRIATE RESPONSE HERE AND EXPLAIN, WITH

SPECIFICITY, HOW THIS EXEMPTION APPLIES]. As a result, such information must be

withheld/redacted under the law.

9. Exemption (j): This exemption applies to "the names and addresses of any persons

contained in, or referred to in, any applications for any licenses to carry or possess

firearms issued pursuant to chapter one hundred and forty or any firearms identification

cards issued pursuant to said chapter one hundred and forty and the names and

addresses on sales or transfers of any firearms, rifles, shotguns, or machine guns or

ammunition therefor, as defined in said chapter one hundred and forty and the names

and addresses on said licenses or cards." The records requested contain [INSERT

APPROPRIATE RESPONSE HERE AND EXPLAIN, WITH SPECIFICITY, HOW THIS EXEMPTION

APPLIES]. As a result, such information must be withheld/redacted under the law.

10. Exemption (l): This exemption applies to "questions and answers, scoring keys and sheets

and other materials used to develop, administer or score a test, examination or

assessment instrument; provided, however, that such materials are intended to be used

for another test, examination or assessment instrument." The records requested contain

[INSERT APPROPRIATE RESPONSE HERE AND EXPLAIN, WITH SPECIFICITY, HOW THIS

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

EXEMPTION APPLIES]. As a result, such information must be withheld/redacted under

the law.

11. Exemption (n): This exemption applies to "records, including, but not limited to,

blueprints, plans, policies, procedures and schematic drawings, which relate to internal

layout and structural elements, security measures, emergency preparedness, threat or

vulnerability assessments, or any other records relating to the security or safety of

persons or buildings, structures, facilities, utilities, transportation or other infrastructure

located within the commonwealth, the disclosure of which, in the reasonable judgment

of the record custodian, subject to review by the supervisor of public records under

subsection (b) of section 10 of chapter 66, is likely to jeopardize public safety and cyber

security." In particular, this exemption is intended to secure the safety of persons and

public places by restricting access to records that may have been previously open to public

inspection. The nature of the exemption requires a records custodian to make some value

judgment regarding the requester in order to decide whether to release the information

sought. You have advised that you are requesting these records because [INSERT REASON

WHY RECORDS HAVE BEEN REQUESTED]. The records requested contain [INSERT

APPROPRIATE RESPONSE HERE AND EXPLAIN, WITH SPECIFICITY, HOW THIS EXEMPTION

APPLIES]. As a result, such information must be withheld/redacted under the law.

12. Exemption (o): This exemption applies to "the home address, personal email address and

home telephone number of an employee of the judicial branch, an unelected employee

of the general court, an agency, executive office, department, board, commission,

bureau, division or authority of the commonwealth, or of a political subdivision thereof

or of an authority established by the general court to serve a public purpose, in the

custody of a government agency which maintains records identifying persons as falling

within those categories; provided that the information may be disclosed to an employee

organization under chapter 150E, a nonprofit organization for retired public employees

under chapter 180, or a criminal justice agency as defined in section 167 of chapter

6." The records requested contain [INSERT APPROPRIATE RESPONSE HERE AND EXPLAIN,

WITH SPECIFICITY, HOW THIS EXEMPTION APPLIES]. As a result, such information must

be withheld/redacted under the law.

13. Exemption (p): This exemption applies to "the name, home address, personal email

address and home telephone number of a family member of a commonwealth employee,

contained in a record in the custody of a government agency which maintains records

identifying persons as falling within the categories listed in subclause (o)." The records

requested contain [INSERT APPROPRIATE RESPONSE HERE AND EXPLAIN, WITH

SPECIFICITY, HOW THIS EXEMPTION APPLIES]. As a result, such information must be

withheld/redacted under the law.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

14. Exemption (r): This exemption applies to “information and records acquired under

chapter 18C by the office of the child advocate.” The records requested contain [INSERT

APPROPRIATE RESPONSE HERE AND EXPLAIN, WITH SPECIFICITY, HOW THIS EXEMPTION

APPLIES]. As a result, such information must be withheld/redacted under the law.

15. Exemption (t): This exemption applies to “statements filed under section 20C of chapter

32.” The records requested contain [INSERT APPROPRIATE RESPONSE HERE AND

EXPLAIN, WITH SPECIFICITY, HOW THIS EXEMPTION APPLIES]. As a result, such

information must be withheld/redacted under the law.

16. Exemption (u): This exemption applies to “trade secrets or other proprietary information

of the University of Massachusetts, including trade secrets or proprietary information

provided to the University by research sponsors or private concerns.” The records

requested contain [INSERT APPROPRIATE RESPONSE HERE AND EXPLAIN, WITH

SPECIFICITY, HOW THIS EXEMPTION APPLIES]. As a result, such information must be

withheld/redacted under the law.

USE IF THE DEPARTMENT REQUIRES ADDITIONAL TIME TO RESPOND:

The Department intends to produce the following records in (choose one: un-redacted or

redacted) format:

 [INSERT REQUESTED RECORDS DEPARTMENT INTENDS TO PRODUCE]

Unfortunately, the Department requires additional time beyond the 10 business days allotted

under the law in order to respond to this request. The magnitude or difficulty of the request

unduly burdens the other responsibilities of the department. In particular, [DESCRIBE, WITH

SPECIFICITY, HOW THE MAGNITUDE OR DIFFICULTY OF THE REQUEST UNDULY BURDENS THE

OTHER RESPONSIBILITIES OF THE DEPARTMENT]. As a result, the Department will produce the

requested records within [MUNICIPAL DEPARTMENTS: CHOOSE UP TO 25 BUSINESS DAYS |

STATE AGENCIES: CHOOSE UP TO 15 BUSINESS DAYS] following the initial receipt of your request,

which represents a reasonable timeframe under the law.

USE IF DEPARTMENT WISHES TO ASSIST REQUESTER WITH REASONABLE MODIFICATION OF THE

REQUEST:

Due to the scope of the request, the time needed to comply with this request will exceed 10

business days, as discussed above. In order to produce the records sought in a more efficient

and affordable manner, it is possible that the scope of the request could be modified. For

instance, the Department would suggest the following reasonable modification to your request:

[INSERT REASONABLE MODIFICATION]. If you would like your request to be modified in this

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

manner, or if you would like to modify your request, kindly contact me at your earliest

convenience.

USE IF DEPARTMENT INTENDS TO CHARGE ANY FEES [CHOOSE ALL THAT APPLY]:

In order to comply with your request, the total reasonable fee of [INSERT TOTAL FEE] will be

charged. This fee must be paid in full prior to the requested records being provided. The total

fee has been calculated as follows:

Copy Costs (Choose One):

Since the requested records are not available in electronic format or you have

requested that the records be provided to you other than electronically, and the

records are susceptible to ordinary means of reproduction the Department has

assessed copy costs of $0.05 per page. The pages of the requested records totals

[INSERT TOTAL PAGES OF REQUESTED RECORDS]. As a result, the total copy costs

are [INSERT TOTAL COPY COSTS].

Since the requested records are not available in electronic format or you have

requested that the records be provided to you other than electronically, and the

records are not susceptible to ordinary means of reproduction the Department

has assessed the following copy costs of [INSERT COPY COSTS], which has been

calculated as follows: [INSERT CALCULATION OF COPY COSTS].

Search and Segregation Costs (Choose One):

[FOR MUNICIPAL DEPARTMENTS] The Department is required to devote more

than 2 hours of time to search for, compile, segregate, redact and/or reproduce

the requested records; and the segregation or redaction of records is required by

law or the fee has been approved by the Supervisor of Public Records. The lowest

paid employee who has the necessary skill to complete the search and segregation

is [INSERT EMPLOYEE TITLE] whose hourly rate is [INSERT HOURLY RATE]. The

search and segregation costs have been calculated using the hourly rate of [INSERT

HOURLY RATE ABOVE OR $25, WHICHEVER IS LESS, OR THE HOURLY RATE

ALLOWED BY THE SUPERVISOR OF PUBLIC RECORDS AFTER THE FILING OF A

PETITION]. In order to comply with your request, it will take approximately

[INSERT TOTAL NUMBER OF HOURS] hours of search and segregation time, based

upon the following: [DESCRIBE THE BREAKDOWN OF HOURS AND WHY THEY ARE

NECESSARY]. The total number of hours charged will be [FOR MUNICIPALITIES

WITH OVER 20,000 PEOPLE, INSERT TOTAL HOURS MINUS 2 HOURS | FOR ALL

OTHER MUNICIPALITIES, INSERT TOTAL HOURS].

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

[FOR STATE AGENCIES] The Department is required to devote more than 4 hours

of time to search for, compile, segregate, redact and/or reproduce the requested

records; and the segregation or redaction of records is required by law or the fee

has been approved by the Supervisor of Public Records. The lowest paid employee

who has the necessary skill to complete the search and segregation is [INSERT

EMPLOYEE TITLE] whose hourly rate is [INSERT HOURLY RATE]. The search and

segregation costs have been calculated using the hourly rate of [INSERT HOURLY

RATE ABOVE OR $25, WHICHEVER IS LESS]. In order to comply with your request,

it will take approximately [INSERT TOTAL NUMBER OF HOURS] hours of search and

segregation time, based upon the following: [DESCRIBE THE BREAKDOWN OF

HOURS AND WHY THEY ARE NECESSARY]. The total number of hours charged will

be [INSERT TOTAL HOURS MINUS 4 HOURS].

Postage Costs: Since you have specifically requested that the records be mailed to you or

you are unable to receive copies of them in person, the Department has assessed a

postage fee of [INSERT POSTAGE FEE] which represents the lowest cost available for

mailing the records, in your discretion or per your request.

Medium Costs: Since you have specifically requested that the records be provided to you

on a storage device, the Department has assessed a fee of [INSERT DEVICE FEE] which

represents the actual cost of the device.

Waiver of Fees: The Department has waived [INSERT PORTION OF FEE WAIVED] due to:

(a) the disclosure of the requested record being in the public interest; (b) the request

not being primarily in your commercial interest; or (c) your inability to pay the full

amount of the reasonable fee.

1. include a statement informing the requester of the right of appeal to the

supervisor of records under subsection (a) of section 10A and the right to seek

judicial review of an unfavorable decision by commencing a civil action in the

superior court under subsection (c) of section 10A.

Please be advised that pursuant to 950 CMR 32.00 and G.L. c. 66, section 10A(a) you have the

right to appeal this decision to the Supervisor of Public Records within 90 calendar days. Such

appeal shall be in writing, and shall include a copy of the letter by which the request was made

and, if available, a copy of the letter by which the custodian responded. The Supervisor shall

accept an appeal only from a person who had made his or her record request in writing. Pursuant

to G.L. c. 66, section 10A(c), you also have the right to seek judicial review my commencing a civil

action in the superior court.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

Should you have any questions, please do not hesitate to contact me.

Very truly yours,

Records Access Officer

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

STATUTORY APPENDIX

Chapter 4, Section 7

Twenty-sixth, ''Public records'' shall mean all books, papers, maps, photographs,

recorded tapes, financial statements, statistical tabulations, or other documentary

materials or data, regardless of physical form or characteristics, made or received by any

officer or employee of any agency, executive office, department, board, commission,

bureau, division or authority of the commonwealth, or of any political subdivision

thereof, or of any authority established by the general court to serve a public purpose,

or any person, corporation, association, partnership or other legal entity which receives

or expends public funds for the payment or administration of pensions for any current

or former employees of the commonwealth or any political subdivision as defined in

section 1 of chapter 32, unless such materials or data fall within the following

exemptions in that they are:

(a) specifically or by necessary implication exempted from disclosure by statute;

(b) related solely to internal personnel rules and practices of the government unit,

provided however, that such records shall be withheld only to the extent that proper

performance of necessary governmental functions requires such withholding;

to a specifically named individual, the disclosure of which may constitute an

unwarranted invasion of personal privacy;

(d) inter-agency or intra-agency memoranda or letters relating to policy positions being

developed by the agency; but this subclause shall not apply to reasonably completed

factual studies or reports on which the development of such policy positions has been

or may be based;

(e) notebooks and other materials prepared by an employee of the commonwealth

which are personal to him and not maintained as part of the files of the governmental

unit;

(f) investigatory materials necessarily compiled out of the public view by law

enforcement or other investigatory officials the disclosure of which materials would

probably so prejudice the possibility of effective law enforcement that such disclosure

would not be in the public interest;

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

(g) trade secrets or commercial or financial information voluntarily provided to an

agency for use in developing governmental policy and upon a promise of confidentiality;

but this subclause shall not apply to information submitted as required by law or as a

condition of receiving a governmental contract or other benefit;

(h) proposals and bids to enter into any contract or agreement until the time for the

opening of bids in the case of proposals or bids to be opened publicly, and until the time

for the receipt of bids or proposals has expired in all other cases; and inter-agency or

intra-agency communications made in connection with an evaluation process for

reviewing bids or proposals, prior to a decision to enter into negotiations with or to

award a contract to, a particular person;

(i) appraisals of real property acquired or to be acquired until (1) a final agreement is

entered into; or (2) any litigation relative to such appraisal has been terminated; or (3)

the time within which to commence such litigation has expired;

(j) the names and addresses of any persons contained in, or referred to in, any

applications for any licenses to carry or possess firearms issued pursuant to chapter one

hundred and forty or any firearms identification cards issued pursuant to said chapter

one hundred and forty and the names and addresses on sales or transfers of any

firearms, rifles, shotguns, or machine guns or ammunition therefor, as defined in said

chapter one hundred and forty and the names and addresses on said licenses or cards;

[There is no subclause (k).]

(l) questions and answers, scoring keys and sheets and other materials used to develop,

administer or score a test, examination or assessment instrument; provided, however,

that such materials are intended to be used for another test, examination or assessment

instrument;

(m) contracts for hospital or related health care services between (i) any hospital, clinic

or other health care facility operated by a unit of state, county or municipal government

and (ii) a health maintenance organization arrangement approved under chapter one

hundred and seventy-six I, a nonprofit hospital service corporation or medical service

corporation organized pursuant to chapter one hundred and seventy-six A and chapter

one hundred and seventy-six B, respectively, a health insurance corporation licensed

under chapter one hundred and seventy-five or any legal entity that is self insured and

provides health care benefits to its employees.

(n) records, including, but not limited to, blueprints, plans, policies, procedures and

schematic drawings, which relate to internal layout and structural elements, security

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

measures, emergency preparedness, threat or vulnerability assessments, or any other

records relating to the security or safety of persons or buildings, structures, facilities,

utilities, transportation, cyber security or other infrastructure located within the

commonwealth, the disclosure of which, in the reasonable judgment of the record

custodian, subject to review by the supervisor of public records under subsection (c) of

section 10 of chapter 66, is likely to jeopardize public safety or cyber security.

(o) the home address, personal email address and home telephone number of an

employee of the judicial branch, an unelected employee of the general court, an agency,

executive office, department, board, commission, bureau, division or authority of the

commonwealth, or of a political subdivision thereof or of an authority established by the

general court to serve a public purpose, in the custody of a government agency which

maintains records identifying persons as falling within those categories; provided that

the information may be disclosed to an employee organization under chapter 150E, a

nonprofit organization for retired public employees under chapter 180, or a criminal

justice agency as defined in section 167 of chapter 6.

(p) the name, home address, personal email address and home telephone number of a

family member of a commonwealth employee, contained in a record in the custody of a

government agency which maintains records identifying persons as falling within the

categories listed in subclause (o).

(q) Adoption contact information and indices therefore of the adoption contact registry

established by section 31 of chapter 46.

(r) Information and records acquired under chapter 18C by the office of the child

advocate.

(s) trade secrets or confidential, competitively-sensitive or other proprietary

information provided in the course of activities conducted by a governmental body as

an energy supplier under a license granted by the department of public utilities

pursuant to section 1F of chapter 164, in the course of activities conducted as a

municipal aggregator under section 134 of said chapter 164 or in the course of activities

conducted by a cooperative consisting of governmental entities organized pursuant to

section 136 of said chapter 164, when such governmental body, municipal aggregator or

cooperative determines that such disclosure will adversely affect its ability to conduct

business in relation to other entities making, selling or distributing electric power and

energy; provided, however, that this subclause shall not exempt a public entity from

disclosure required of a private entity so licensed.

(t) statements filed under section 20C of chapter 32.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

(u) trade secrets or other proprietary information of the University of Massachusetts,

including trade secrets or proprietary information provided to the University by

research sponsors or private concerns.

Any person denied access to public records may pursue the remedy provided for in

section 10A of chapter sixty-six.

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Chapter 10, Section 35DDD

Section 35DDD. There shall be established and set up on the books of the

commonwealth a Public Records Assistance Fund, which shall be administered by the

Massachusetts office of information technology. The fund shall be credited with:

(i) all punitive damages assessed pursuant to paragraph (4) of subsection (d) of

section 10A of chapter 66;

(ii) any appropriations, bond proceeds or other monies authorized or

transferred by the general court and specifically designated to be credited to

the fund;

(iii) gifts, grants and other private contributions designated to be credited to the

fund;

(iv) all other amounts credited or transferred to the fund from any other fund or

source; and

(v) interest or investment earnings on any such monies. Amounts credited to the

fund may be expended by the chief information officer, without further

appropriation, to provide grants to municipalities to support the information

technology capabilities of municipalities to foster best practices for

increasing access to public records and facilitating compliance with said

chapter 66.

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Chapter 66, Section 1A

Section 1A. The supervisor of records shall:

(i) create educational materials or guides for agencies and municipalities, and

may make available training in order to foster awareness and compliance

with this chapter; and

(ii) prepare forms, guidelines and reference materials for agencies and

municipalities to use and disseminate to individuals seeking access to public

records to assist them in making informed public records requests.

The supervisor of records shall make the forms, guidelines and reference materials

available at no cost on a website operated by the secretary of the commonwealth. Upon

request and to the extent feasible, the supervisor of public records shall assist each

agency and municipality in developing best practices to facilitate compliance with this

chapter and to promote access to public records.

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Chapter 66, Section 3

Section 3. The word ''record'' in this chapter shall mean any written or printed book or

paper, or any photograph, microphotograph, map or plan. All written or printed public

records shall be entered or recorded on paper made of linen rags and new cotton

clippings, well sized with animal sizing and well finished or on one hundred per cent

bond paper sized with animal glue or gelatin, and preference shall be given to paper of

American manufacture marked in water line with the name of the manufacturer. All

photographs, microphotographs, maps and plans which are public records shall be made

of materials approved by the supervisor of records. Public records may be made by

handwriting, or by typewriting, or in print, or by the photographic process, or by the

microphotographic process, or by electronic means, or by any combination of the same.

When the photographic or microphotographic process is used, the recording officer, in

all instances where the photographic print or microphotographic film is illegible or

indistinct, may make, in addition to said photographic or microphotographic record, a

typewritten copy of the instrument, which copy shall be filed in a book kept for the

purpose. In every such instance the recording officer shall cause cross references to be

made between said photographic or microphotographic record and said typewritten

record. If in the judgment of the recording officer an instrument offered for record is so

illegible that a photographic or microphotographic record thereof would not be

sufficiently legible, he may, in addition to the making of such record, retain the original

in his custody, in which case a photographic or other attested copy thereof shall be

given to the person offering the same for record, or to such person as he may designate.

Subject to the provisions of sections one and nine, a recording officer adopting a system

which includes the photographic process or the microphotographic process shall

thereafter cause all records made by either of said processes to be inspected at least

once in every three years, correct any fading or otherwise faulty records and make

report of such inspection and correction to the supervisor of records.

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Chapter 66, Section 6A

Section 6A. (a) Each agency and municipality shall designate 1 or more employees as

records access officers. In a municipality, the municipal clerk, or the clerk’s designees, or

any designee of a municipality that the chief executive officer of the municipality may

appoint, shall serve as records access officers. For the purposes of this chapter the term

“agency” shall mean any entity, other than a municipality, that is identified in clause

twenty-sixth of section 7 of chapter 4 as possessing "public records," as defined therein.

(b) A records access officer shall coordinate an agency’s or a municipality’s response to

requests for access to public records and shall facilitate the resolution of such requests

by the timely and thorough production of public records. Each records access officer

shall:

(i) assist persons seeking public records to identify the records sought;

(ii) assist the custodian of records in preserving public records in accordance

with all applicable laws, rules, regulations and schedules; and

(iii) prepare guidelines that enable a person seeking access to public records in

the custody of the agency or municipality to make informed requests

regarding the availability of such public records electronically or otherwise.

Guidelines shall be updated periodically and shall include a list of categories of public

records maintained by the agency or municipality. Each agency and municipality that

maintains a website shall post the guidelines on its website.

its website, if any, the name, title, business address, business telephone number, and

business email address of each records access officer. The designation of 1 or more

records access officers shall not be construed to prohibit employees who have been

previously authorized to make public records or information available to the public from

continuing to do so. Any employee responsible for making public records available shall

provide the records in accordance with this chapter.

(d) The records access officer shall provide the public records to a requester by

electronic means unless the record is not available in electronic form or the requester

does not have the ability to receive or access the records in a usable electronic form.

The records access officer shall, to the extent feasible, provide the public record in the

requester’s preferred format or, in the absence of a preferred format, in a searchable,

machine readable format. The records access officer shall not be required to create a

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new public record in order to comply with a request, provided that furnishing a

segregable portion of a public record shall not be deemed to be creation of a new

record. If the public record requested is available on a public website pursuant to

subsection (b) of section 19 of this chapter, section 14C of chapter 7 or any other

appropriately indexed and searchable public website, the records access officer may

furnish the public record by providing reasonable assistance in locating the requested

record on the public website. An electronically produced document submitted to an

agency or municipality for use in deliberations by a public body shall be provided in an

electronic format at the time of submission.

(e) Each records access officer of an agency shall document each request for public

records submitted to the records access officer. The records access officer shall

document:

(i) the nature of the request and the date on which the request was received;

(ii) the date on which a response is provided to the requester;

(iii) the date on which a public record is provided to the requester;

(iv) the number of hours required to fulfill the request;

(v) fees charged to the person making the request, if any;

(vi) petitions submitted under clause (iv) of subsection (d) of section 10;

(vii) requests appealed under section 10A;

(viii) the time required to comply with supervisor of records orders under said

section 10A; and

(ix) the final adjudication of any court proceedings under subsection (d) of said

section 10A.

Nothing in this subsection shall require a records access officer to disclose information

otherwise protected from public access. The secretary of the commonwealth shall

prescribe a form for recording such information and shall annually collect the

information from the records access officers, post the information on a website

maintained by the secretary and report the same to the clerks of the house of

representatives and senate.

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(f) The supervisor of records shall document appeals filed under section 10A, including:

(i) the date the request was submitted to the records access officer;

(ii) the date the records access officer responded;

(iii) the amount of fees charged to the requester, if any;

(iv) petitions made pursuant to clause (iv) of subsection (d) of section 10;

(v) the time required to comply with supervisor of records orders under said

section 10A; and

(vi) the final adjudication of any court proceedings under subsection (d) of said

section 10A.

Nothing in this subsection shall require the supervisor to disclose information otherwise

protected from public access. The secretary of the commonwealth shall prescribe a form

for recording such information and shall post the information on a website maintained

by the secretary.

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Chapter 66, Section 10

Section 10. (a) A records access officer appointed pursuant to section 6A, or a designee,

shall at reasonable times and without unreasonable delay permit inspection or furnish a

copy of any public record as defined in clause twenty-sixth of section 7 of chapter 4, or

any segregable portion of a public record, not later than 10 business days following the

receipt of the request, provided that:

(i) the request reasonably describes the public record sought;

(ii) the public record is within the possession, custody or control of the agency or

municipality that the records access officer serves; and

(iii) the records access officer receives payment of a reasonable fee as set forth

in subsection (d).

A request for public records may be delivered to the records access officer by hand or

via first class mail at the record officer’s business address, or via electronic mail to the

address posted by the agency or municipality that the records access officer serves.

(b) If the agency or municipality does not intend to permit inspection or furnish a copy

of a requested record, or the magnitude or difficulty of the request, or of multiple

requests from the same requester, unduly burdens the other responsibilities of the

agency or municipality such that the agency or municipality is unable to do so within the

timeframe established in subsection (a), the agency or municipality shall inform the

requester in writing not later than 10 business days after the initial receipt of the

request for public records. The written response shall be made via first class or

electronic mail and shall:

(i) confirm receipt of the request;

(ii) identify any public records or categories of public records sought that are not

within the possession, custody, or control of the agency or municipality that

the records access officer serves;

(iii) identify the agency or municipality that may be in possession, custody or

control of the public record sought, if known;

(iv) identify any records, categories of records or portions of records that the

agency or municipality intends to withhold, and provide the specific reasons

for such withholding, including the specific exemption or exemptions upon

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which the withholding is based, provided that nothing in the written

response shall limit an agency’s or municipality’s ability to redact or withhold

information in accordance with state or federal law;

(v) identify any public records, categories of records, or portions of records that

the agency or municipality intends to produce, and provide a detailed

statement describing why the magnitude or difficulty of the request unduly

burdens the other responsibilities of the agency or municipality and

therefore requires additional time to produce the public records sought;

(vi) identify a reasonable timeframe in which the agency or municipality shall

produce the public records sought; provided, that for an agency, the

timeframe shall not exceed 15 business days following the initial receipt of

the request for public records and for a municipality the timeframe shall not

exceed 25 business days following the initial receipt of the request for public

records; and provided further, that the requester may voluntarily agree to a

response date beyond the timeframes set forth herein;

(vii) suggest a reasonable modification of the scope of the request or offer to

assist the requester to modify the scope of the request if doing so would

enable the agency or municipality to produce records sought more efficiently

and affordably;

(viii) include an itemized, good faith estimate of any fees that may be charged to

produce the records; and

(ix) include a statement informing the requester of the right of appeal to the

supervisor of records under subsection (a) of section 10A and the right to

seek judicial review of an unfavorable decision by commencing a civil action

in the superior court under subsection (c) of section 10A.

the same requester, unduly burdens the other responsibilities of the agency or

municipality such that an agency or municipality is unable to complete the request

within the time provided in clause (vi) of subsection (b), a records access officer may, as

soon as practical and within 20 business days after initial receipt of the request, or

within 10 business days after receipt of a determination by the supervisor of public

records that the requested record constitutes a public record, petition the supervisor of

records for an extension of the time for the agency or municipality to furnish copies of

the requested record, or any portion of the requested record, that the agency or

municipality has within its possession, custody or control and intends to furnish. The

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records access officer shall, upon submitting the petition to the supervisor of records,

furnish a copy of the petition to the requester. Upon a showing of good cause, the

supervisor of records may grant a single extension to an agency not to exceed 20

business days and a single extension to a municipality not to exceed 30 business days. In

determining whether the agency or municipality has established good cause, the

supervisor of records shall consider, but shall not be limited to considering:

(i) the need to search for, collect, segregate or examine records;

(ii) the scope of redaction required to prevent unlawful disclosure;

(iii) the capacity or the normal business hours of operation of the agency or

municipality to produce the request without the extension;

(iv) efforts undertaken by the agency or municipality in fulfilling the current

request and previous requests;

(v) whether the request, either individually or as part of a series of requests

from the same requester, is frivolous or intended to harass or intimidate the

agency or municipality; and

(vi) the public interest served by expeditious disclosure.

If the supervisor of records determines that the request is part of a series of

contemporaneous requests that are frivolous or designed to intimidate or harass, and

the requests are not intended for the broad dissemination of information to the public

about actual or alleged government activity, the supervisor of records may grant a

longer extension or relieve the agency or municipality of its obligation to provide copies

of the records sought. The supervisor of records shall issue a written decision regarding

a petition submitted by a records access officer under this subsection within 5 business

days following receipt of the petition. The supervisor of records shall provide the

decision to the agency or municipality and the requester and shall inform the requester

of the right to seek judicial review of an unfavorable decision by commencing a civil

action in the superior court.

(d) A records access officer may assess a reasonable fee for the production of a public

record except those records that are freely available for public inspection. The

reasonable fee shall not exceed the actual cost of reproducing the record. Unless

expressly provided for otherwise, the fee shall be determined in accordance with the

following:

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(i) the actual cost of any storage device or material provided to a person in

response to a request for public records under subsection (a) may be

included as part of the fee, but the fee assessed for standard black and white

paper copies or printouts of records shall not exceed 5 cents per page, for

both single and double-sided black and white copies or printouts;

(ii) if an agency is required to devote more than 4 hours of employee time to

search for, compile, segregate, redact or reproduce the record or records

requested, the records access officer may also include as part of the fee an

hourly rate equal to or less than the hourly rate attributed to the lowest paid

employee who has the necessary skill required to search for, compile,

segregate, redact or reproduce a record requested, but the fee (A) shall not

be more than $25 per hour; (B) shall not be assessed for the first 4 hours of

work performed; and (C) shall not be assessed for time spent segregating or

redacting records unless such segregation or redaction is required by law or

approved by the supervisor of records under clause (iv);

(iii) if a municipality is required to devote more than 2 hours of employee time to

search for, compile, segregate, redact or reproduce a record requested, the

records access officer may include as part of the fee an hourly rate equal to

or less than the hourly rate attributed to the lowest paid employee who has

the necessary skill required to search for, compile, segregate, redact or

reproduce the record requested but the fee (A) shall not be more than $25

per hour unless such rate is approved by the supervisor of records under

clause (iv); (B) shall not be assessed for the first 2 hours of work performed

where the responding municipality has a population of over 20,000 people;

and (C) shall not be assessed for time spent segregating or redacting records

unless such segregation or redaction is required by law or approved by the

supervisor of records under clause (iv);

(iv) the supervisor of records may approve a petition from an agency or

municipality to charge for time spent segregating or redacting, or a petition

from a municipality to charge in excess of $25 per hour, if the supervisor of

records determines that (A) the request is for a commercial purpose; or (B)

the fee represents an actual and good faith representation by the agency or

municipality to comply with the request, the fee is necessary such that the

request could not have been prudently completed without the redaction,

segregation or fee in excess of $25 per hour and the amount of the fee is

reasonable and the fee is not designed to limit, deter or prevent access to

requested public records; provided, however, that:

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1. in making a determination regarding any such petition, the supervisor

of records shall consider the public interest served by limiting the cost

of public access to the records, the financial ability of the requester to

pay the additional or increased fees and any other relevant

extenuating circumstances;

2. an agency or municipality, upon submitting a petition under this

clause, shall furnish a copy of the petition to the requester;

3. the supervisor of records shall issue a written determination with

findings regarding any such petition within 5 business days following

receipt of the petition by the supervisor of public records; and

4. the supervisor of records shall provide the determination to the

agency or municipality and the requester and shall inform the

requester of the right to seek judicial review of an unfavorable

decision by commencing a civil action in the superior court;

(v) the records access officer may waive or reduce the amount of any fee

charged under this subsection upon a showing that disclosure of a requested

record is in the public interest because it is likely to contribute significantly to

public understanding of the operations or activities of the government and is

not primarily in the commercial interest of the requester, or upon a showing

that the requester lacks the financial ability to pay the full amount of the

reasonable fee;

(vi) the records access officer may deny public records requests from a requester

who has failed to compensate the agency or municipality for previously

produced public records;

(vii) the records access officer shall provide a written notification to the requester

detailing the reasons behind the denial, including an itemized list of any

balances attributed to previously produced records;

(viii) a records access officer may not require the requester to specify the purpose

for a request, except to determine whether the records are requested for a

commercial purpose or whether to grant a request for a fee waiver; and

(ix) for purposes of this section “commercial purpose” shall mean the sale or

resale of any portion of the public record or the use of information from the

public record to advance the requester's strategic business interests in a

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manner that the requester can reasonably expect to make a profit, and shall

not include gathering or reporting news or gathering information to promote

citizen oversight or further the understanding of the operation or activities of

government or for academic, scientific, journalistic or public research or

education.

(e) A records access officer shall not charge a fee for a public record unless the records

access officer responded to the requester within 10 business days under subsection (b).

(f) As used in this section, “employee time” means time required by employees or

necessary vendors, including outside legal counsel, technology and payroll consultants

or others as needed by the municipality.

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Chapter 66, Section 10A

Section 10A. (a) If an agency or municipality fails to comply with a requirement of

section 10 or issues a response the requester believes in violation of section 10, the

person who submitted the initial request for public records may petition the supervisor

of records for a determination as to whether a violation has occurred. In assessing

whether a violation has occurred, the supervisor of records may inspect any record or

copy of a record in camera; provided, however, that where a record has been withheld

on the basis of a claim of the attorney-client privilege, the supervisor of records shall not

inspect the record but shall require, as part of the decision making process, that the

agency or municipality provide a detailed description of the record, including the names

of the author and recipients, the date, the substance of such record, and the grounds

upon which the attorney-client privilege is being claimed. If an agency or municipality

elects to provide a record, claimed to be subject to the attorney-client privilege, to the

supervisor of records for in camera inspection, said inspection shall not waive any legally

applicable privileges, including without limitation, the attorney- client privilege and the

attorney work product privilege. The supervisor of records shall issue a written

determination regarding any petition submitted in accordance with this section not later

than 10 business days following receipt of the petition by the supervisor of records.

Upon a determination by the supervisor of records that a violation has occurred, the

supervisor of records shall order timely and appropriate relief. A requester, aggrieved by

an order issued by the supervisor of records or upon the failure of the supervisor of

records to issue a timely determination, may obtain judicial review only through an

action in superior court seeking relief in the nature of certiorari under section 4 of

chapter 249 and as prescribed in subsection (d).

(b) If an agency or municipality refuses or fails to comply with an order issued by the

supervisor of records, the supervisor of records may notify the attorney general who,

after consultation with the supervisor of records, may take whatever measures the

attorney general considers necessary to ensure compliance. If the attorney general files

an action to compel compliance, the action shall be filed in Suffolk superior court with

respect to state agencies and, with respect to municipalities, in the superior court in the

county in which the municipality is located. The attorney general shall designate an

individual within the office of the attorney general to serve as a primary point of contact

for the supervisor of records. In addition to any other duties the attorney general may

impose, the designee shall serve as a primary point of contact within the office of the

attorney general regarding notice from the supervisor of records that an agency or

municipality has refused or failed to comply with an order issued by the supervisor of

records.

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civil action to enforce the requirements of this chapter. Any action under this subsection

shall be filed in Suffolk superior court with respect to agencies and, with respect to

municipalities, in the superior court in the county in which the municipality is located.

The superior court shall have available all remedies at law or in equity; provided,

however, that any damages awarded shall be consistent with subsection (d).

(d)(1) In any action filed by a requester pursuant to this section:

(i) the superior court shall have jurisdiction to enjoin agency or

municipal action;

(ii) the superior court shall determine the propriety of any agency or

municipal action de novo and may inspect the contents of any

defendant agency or municipality record in camera, provided,

however, that the in camera review shall not waive any legally

applicable privileges, including without limitation, the attorney- client

privilege and the attorney work product privilege;

(iii) the superior court shall, when feasible, expedite the proceeding;

(iv) a presumption shall exist that each record sought is public and the

burden shall be on the defendant agency or municipality to prove, by

a preponderance of the evidence, that such record or portion of the

record may be withheld in accordance with state or federal law.

(2) The superior court may award reasonable attorney fees and costs in any case

in which the requester obtains relief through a judicial order, consent decree, or

the provision of requested documents after the filing of a complaint. There shall

be a presumption in favor of an award of fees and costs unless the agency or

municipality establishes that:

(i) the supervisor found that the agency or municipality did not violate

this chapter;

(ii) the agency or municipality reasonably relied upon a published

opinion of an appellate court of the commonwealth based on

substantially similar facts;

(iii) the agency or municipality reasonably relied upon a published

opinion by the attorney general based on substantially similar facts;

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(iv) the request was designed or intended to harass or intimidate; or

(v) the request was not in the public interest and made for a commercial

purpose unrelated to disseminating information to the public about

actual or alleged government activity.

If the superior court determines that an award of reasonable attorney fees or

costs is not warranted, the judge shall issue written findings specifying the

reasons for the denial.

(3) If the superior court awards reasonable attorneys’ fees and other litigation

costs reasonably incurred to the requester, it shall order the agency or

municipality to waive any fee assessed under subsection (d) of section 10. If the

superior court does not award reasonable attorneys’ fees and other litigation

costs reasonably incurred to the requester, it may order the agency or

municipality to waive any fee assessed under said subsection (d) of said section

10. Whether the superior court determines to waive any fee assessed under said

subsection (d) of said section 10, it shall issue findings specifying the basis for

such decision.

(4) If a requester has obtained judgment in superior court in a case under this

section and has demonstrated that the defendant agency or municipality, in

withholding or failing to timely furnish the requested record or any portion of

the record or in assessing an unreasonable fee, did not act in good faith, the

superior court may assess punitive damages against the defendant agency or

municipality in an amount not less than $1,000 nor more than $5,000, to be

deposited into the Public Records Assistance Fund established in section 35DDD

of chapter 10.

(e) Notwithstanding any other provision of this chapter, the attorney general may, at

any time, file a complaint in Suffolk superior court with respect to agencies and, with

respect to municipalities, in the superior court in the county in which the municipality is

located, to ensure compliance with this chapter and may further intervene as of right in

any action filed in accordance with this section. In any action filed or in which the

attorney general has intervened under this subsection, paragraphs (1) and (4) of

subsection (d) shall apply and any public records the court orders produced shall be

provided without a fee.

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Chapter 66, Section 10B

Section 10B. The commissioner of the department of criminal justice information

services, the department of criminal justice information services and its agents,

servants, and attorneys including the keeper of the records of the firearms records

bureau of said department, or any licensing authority, as defined in section 121 of

chapter 140, shall not disclose any records divulging or tending to divulge the names

and addresses of persons who own or possess firearms, rifles, shotguns, machine guns

and ammunition therefor, as defined in said section 121 of said chapter 140, and names

and addresses of persons licensed to carry or possess the same to any person, firm,

corporation, entity or agency except criminal justice agencies as defined in section 167

of chapter 6 and except to the extent such information relates solely to the person

making the request and is necessary to the official interests of the entity making the

request.

The home address, personal email address and home telephone number of law

enforcement, judicial, prosecutorial, department of youth services, department of

children and families, department of correction and any other public safety and criminal

justice system personnel, and of unelected general court personnel, shall not be public

records in the custody of the employers of such personnel or the public employee

retirement administration commission or any retirement board established under

chapter 32 and shall not be disclosed, but such information may be disclosed to an

employee organization under chapter 150E, a nonprofit organization for retired public

employees under chapter 180 or to criminal justice agencies as defined in said section

167 of said chapter 6. The name, home address, telephone number and personal email

address of a family member of any such personnel shall not be public records in the

custody of the employers of the foregoing persons or the public employee retirement

administration commission or any retirement board established under chapter 32 and

shall not be 385 disclosed. The home address, telephone number, personal email

address or place employment or education of victims of adjudicated crimes, of victims

of domestic violence and of persons providing or training in family planning services and

the name, home address, telephone number, personal email address or place of

employment or education of a family member of any of the foregoing shall not be public

records in the custody of a government agency which maintains records identifying such

persons as falling within such categories and shall not be disclosed.

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Chapter 66, Section 12

Section 12. All such records shall be kept in the rooms where they are ordinarily used,

and so arranged that they may be conveniently examined and referred to. When not in

use, they shall be kept in the fireproof rooms, vaults or safes or buildings, vaults or file

rooms that comply with standards of the National Fire Protection Association, or by

electronic means with off-site secure storage, or in accordance with standards

promulgated by the records conservation board.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

Chapter 66, Section 13

Section 13. Whoever is entitled to the custody of public records shall demand the same

from any person unlawfully having possession of them, who shall forthwith deliver the

same to him. Upon complaint of any public officer entitled to the custody of a public

record, the superior court shall have jurisdiction in equity to compel any person

unlawfully having such record in his possession to deliver the same to the complainant.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

Chapter 66, Section 17

Section 17. Except as otherwise provided by law, all public records shall be kept in the

custody of the person having the custody of similar records in the county or municipality

to which the records originally belonged; provided, however, that the custodian of

public records may enter into a contract for the storage of records containing public

record information, but no contract for the storage of public records shall be entered

into if the contract prevents or unduly restricts a records access officer or custodian of

records from providing or storing the records in accordance with this chapter. Records

not directly in the custodian’s possession shall be considered in the custody of the

custodian if subject to a contract for the storage of public records that is permitted by

this section. If the custodian does not have custody of public records, the custodian shall

demand delivery from any person unlawfully having possession of the records, and the

records shall immediately be delivered by such person to the custodian. A person who

refuses or neglects to perform any duty required by this section shall be punished by

fine of not more than $20.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

Chapter 66, Section 19

Section 19. (a) When designing or acquiring an electronic record keeping system or

database, records access officers shall, consistent with section 17 of chapter 110G,

consult with their chief executive officer, chief administrative officer or the

Massachusetts office of information technology pursuant to chapter 7D to ensure, to

the extent feasible, that the system or database is capable of providing data in a

commonly available electronic, machine readable format. Such database designs or

acquisitions shall allow for, to the extent feasible, information storage and retrieval

methods that permit the segregation and retrieval of public records and redacting of

exempt information in order to provide maximum public access. No agency or

municipality shall enter into a contract for the storage of electronic records containing

public records if the contract prevents or unduly restricts the records access officer from

providing the public records in accordance with this chapter.

(b) Every agency shall provide on a searchable website electronic copies, accessible in a

commonly available electronic format, of the following types of records, provided that

any agency may withhold any record or portion thereof in accordance with state or

federal law:

(i) final opinions, decisions, orders, or votes from agency proceedings;

(ii) annual reports;

(iii) notices of regulations proposed under chapter 30A;

(iv) notices of hearings;

(v) winning bids for public contracts;

(vi) awards of federal, state and municipal government grants;

(vii) minutes of open meetings;

(viii) agency budgets; and

(ix) any public record information of significant interest that the agency deems

appropriate to post.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

Section 16 of Chapter of the Acts of 2016

A records access officer serving in a municipality pursuant to section 6A of chapter 66 of

the General Laws shall, to the extent feasible, post the commonly available public

record documents identified in subsection (b) of section 19 of said chapter 66 on a

website maintained by the municipality.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

Section 17 of Chapter of the Acts of 2016

The supervisor of records shall adopt regulations necessary to implement this act. These

regulations shall be adopted not later than January 1, 2017.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

Section 18 of Chapter of the Acts of 2016

Notwithstanding any general or special law to the contrary, sections 9 and 10 of this act

shall not apply to public records requests submitted under section 10 of chapter 66 of

the General Laws before the effective date of this act and no obligation imposed by

sections 9 and 10 of this act shall be enforceable or deemed relevant in an appeal

pending before the supervisor of records or a court on the effective date of this act.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

Section 19 of Chapter of the Acts of 2016

There shall be a working group to review and evaluate the application of subsection (f)

of clause twenty-sixth of section 7 of chapter 4 of the General Laws as it relates to law

enforcement. The working group shall review determinations of the supervisor of

records and judicial decisions regarding the application of said subsection (f) of said

clause twenty-sixth of said section 7 of said chapter 4 and issue findings regarding:

(i) the public interest in releasing records made and kept by police

departments, including arrest records;

(ii) privacy and confidentiality concerns related to releasing records made and

kept by police departments; and

(iii) the interaction of said subsection (f) of said clause twenty-sixth of said

section 7 of said chapter 4 and the criminal offender record information

system.

The working group shall consist of: the secretary of the commonwealth who shall serve

as chair; the secretary of public safety and security, or a designee; the court

administrator of the trial court, or a designee; 2 members of the senate, 1 of whom shall

be the minority leader, or a designee; 2 members of the house of representatives, 1 of

whom shall be the minority leader, or a designee; 1 of whom shall be the secretary of

administration and finance, or a designee; a representative of the American Civil

Liberties Union of Massachusetts, Inc.; a representative of the Massachusetts

Newspaper Publishers Association; a representative of the Massachusetts Town Clerks

Association; a representative of the Massachusetts Chiefs of Police Association,

Incorporated.; the attorney general or a designee; a representative of the State Police

Commissioned Officers Association of Mass., Inc., a representative of the Massachusetts

Coalition of Police, Inc.; and a representative of the Massachusetts Municipal

Association, Inc..

The working group shall file a report of its findings and recommendations, along with

any drafts of legislation necessary to carry those recommendations into effect, with the

clerks of the senate and house of representatives not later than December 30, 2017.

MASSACHUSETTS CHIEFS OF POLICE

ASSOCIATION, INC.

Massachusetts Chiefs of Police Association, Inc.

Office of General Counsel

353 Providence Road

South Grafton, Massachusetts 01560

Section 21 of Chapter of the Acts of 2016

Notwithstanding section 16, a municipality that maintains a website shall not be

required to post guidelines or reference materials on its website, as required by

subsection (b) of section 6A of chapter 66 of the General Laws, until July 1, 2017.