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Records Access Officer
The duties of the Records Access Officer are established by statute and include:
- Coordinating responses to public records requests;
- Assisting individuals who seek records to identify the records sought;
- Assisting the custodian of records in preserving public records in accordance with the law;
- Preparing, posting online, and periodically updating guidelines to enable the public to make informed public records requests; and
- Documenting, in compliance with c. 66 § 6A(e), specific information about each request made for public records.
Please contact the Records Access Officer, preferably in writing, regarding public records requests for documents pursuant to "A Guide to the Massachusetts Public Records Law" as published by William Francis Galvin, Secretary of the Commonwealth. Records will generally be provided in electronic format within 10 business days, barring an exception. In the case of an exception, the Records Access Officer will contact the requester with an explanation for the delay and a good-faith estimate of any fees that may be charged for the production of the records and a reasonable timeframe for when the records will be provided, which generally will not exceed 25 business days from the initial request. For questions or more information, please feel free to contact us.
Electronic Records
Under the new version of the law, RAOs must provide public records to a requester in an electronic format unless the record is not available in an electronic format or the requester does not have the ability to receive or access the records in a usable electronic format.
Additionally, as of January 1, 2017, agency RAOs will be required to provide on a searchable website electronic copies of commonly requested records, including: final opinions, annual reports, minutes of open meetings, and agency budgets. Municipal RAOs will also be required to post commonly requested records on their municipal websites, to the extent feasible.
Response Time
Under the current law, a records custodian must respond to a request for records in writing within 10 calendar days.
A RAO must permit inspection or furnish a copy of a requested public record within 10 business days following receipt of the request. RAOs may petition the Supervisor of Records for an extension if they are unable to grant access to the requested public records within this time period.
Fees
The Supervisor of Records' Public Access Regulations, allowing records custodians to charge 5 cents for black and white paper copies or computer printouts of public records for both single and double-sided sheets, was codified and will remain effective with the new law.
If a response to a public records request requires more than 4 hours of employee time, an agency RAO may assess a fee of the hourly rate of the lowest-paid employee with the skills necessary to search for, compile, segregate, redact, or reproduce a requested record. However, the fee shall not exceed $25 an hour.
If a response to a public records request requires more than 2 hours of employee time, a municipal RAO may assess a fee of the hourly rate of the lowest-paid employee with the skills necessary to search for, compile, segregate, redact, or reproduce a requested record. However, the fee shall not exceed $25 an hour, unless approved by the Supervisor of Records. Municipalities with populations of 20,000 people or fewer will be permitted to charge for the first 2 hours of employee time.
Administrative Appeals
If an agency or municipality fails to comply with a requirement of the new law, the requester may file an appeal with the Supervisor of Records, who will then issue a determination on the public status of the records within 10 business days of receipt of the request for an appeal.
Attorney Fees
Under the new Public Records Law, if a requester prevails in a court action against an agency or municipal RAO, the court may award the requester attorney fees or costs.