Public Records Request

Public Records Law

The Massachusetts Public Records Law (Public Records Law) and its Regulations provide that each person has a right of access to public information. This right of access includes the right to inspect, copy or have copies of records provided upon the payment of a reasonable fee. The Public Records Law broadly define “public records” to include “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 Massachusetts governmental entity. Please review the Guide to the Massachusetts Public Records Law.

Public Records Request Webform

The following Record Access Officers are available to assist the public with Public Records Requests:
 

Records Access Officers are available to coordinate the municipality’s response to requests for access to public records; assist individuals seeking public records in identifying the records requested; assist the custodian of records in preserving public records; and prepare guidelines that enable requestors to make informed requests.

Electronic Records

As of January 1, 2017, the Records Access Officer (RAO) must provide public records to a requestor in an electronic format unless the record is not available in an electronic format or the requestor does not have the ability to receive or access the records in a useable electronic format.

Additionally, as of January 1, 2017, agency RAOs will be required to provide on a searchable website electronic copies of commonly requested records, including: final opinions, annual reports, minutes of open meetings and agency budgets. Municipal RAOs will also be required to post commonly requested records on their municipal websites, to the extent feasible.

Response Time

Beginning January 1, 2017, 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 in this time period.

While requests for records may be made verbally, in person, it is preferable to make the request in writing to reduce confusion. A copy of the written request is required to file an appeal with the Supervisor of Records.

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.

Beginning January 1, 2017, 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

As of January 1, 2017, if an agency or municipality fails to comply with a requirement of the new law, the requestor may file an appeal with the Supervisor of Records who will then issue a determination on the public status of the records within 10 business days of receipt of the request for an appeal.

Making a Public Records Request

Any person can make a public records:
     a. In person at 38 Church Street, Bernardston, MA 01337;
     b. By mail addressed to: Town of Bernardston, ATTN: Records Access Officer, PO Box 504, Bernardston, MA 01337; or,
     c. By email addressed to: kkelly [at] townofbernardston.org (bos[at]townofbernardston[dot]org) or townclerk [at] townofbernardston.org (townclerk[at]townofbernardston[dot]org);
     d. By phone: (413) 648-5401 or (413) 648-5408;
     e. Webform submission HERE!