2015 S.2120 An Act to improve public records
Chapter 4
Section 7 - Definitions of statutory terms; statutory construction
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;
(c) 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;
(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;
(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 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 (b) of section 10 (a) of section 10A. of chapter 66, is likely to jeopardize public safety safety or cyber-security.
(o) the home 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 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.
(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 ten 10A of chapter sixty-six.
Chapter 66
Section 1A.
The supervisor of records shall create educational materials or guides and may make available training to an agency or municipality in order to foster awareness and compliance with this chapter. The supervisor of records shall make the materials or guides available at no cost on a website operated by the secretary of the commonwealth. Upon request and to the extent feasible, the supervisor of records shall assist each agency and municipality to develop best practices to facilitate compliance with this chapter and to promote access to public records.
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, or by electronic means 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, or by electronic means 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.
Section 6A.
(a) Every agency and municipality shall designate 1 or more employees as records access officers. In a municipality, the municipal clerk or any persons the clerk may designate, shall serve as a records access officer, and the local chief executive officer or chief administrative officer, as defined in section 7 of chapter 4, may appoint additional 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 said chapter 4 as possessing public records.
(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 officer shall further: (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 or reference materials that enable a person seeking access to public records in the custody of the agency or municipality to make informed requests. The guidelines or reference materials shall be updated periodically and shall include a list of categories of public records maintained by the agency or municipality and a list and description of pertinent databases and record keeping systems maintained by the agency or municipality the contents of which are public records. Each agency that maintains a website shall post such guidelines or reference materials on its website.
(c) Each agency and municipality shall post in a conspicuous location at its offices and on 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 other authorized employees from responding to public record requests, making public records or information available to the public, or from otherwise taking actions necessary to comply with this chapter; provided, that such employees shall act in accordance with the law.
(d) Public records shall be provided to a requestor by electronic means unless otherwise requested or unless the record is not available in electronic form. The records access officer shall, to the extent feasible, provide the public record in the requestor’s preferred format and in a searchable, machine readable format. The records access officer shall not be required to create a new public record in order to comply with a request. If the public record requested is available on a public website pursuant to subsection (b) of section 19, 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.
(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 requestor; (iii) the date on which a public record is provided to the requestor; (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.
(f) The supervisor of records shall document requests for public records appealed to the supervisor of records by the requestor. The supervisor of records shall document: (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 requestor, if any; (iv) petitions under 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.
Section 10
Section 10. (a) Every person having custody of any public record, as defined in clause Twenty-sixth of section seven of chapter four, shall, at reasonable times and without unreasonable delay, permit it, or any segregable portion of a record which is an independent public record, to be inspected and examined by any person, under his supervision, and shall furnish one copy thereof upon payment of a reasonable fee. Every person for whom a search of public records is made shall, at the direction of the person having custody of such records, pay the actual expense of such search. The following fees shall apply to any public record in the custody of the state police, the Massachusetts bay transportation authority police or any municipal police department or fire department: for preparing and mailing a motor vehicle accident report, five dollars for not more than six pages and fifty cents for each additional page; for preparing and mailing a fire insurance report, five dollars for not more than six pages plus fifty cents for each additional page; for preparing and mailing crime, incident or miscellaneous reports, one dollar per page; for furnishing any public record, in hand, to a person requesting such records, fifty cents per page. A page shall be defined as one side of an eight and one-half inch by eleven inch sheet of paper.
(b) A custodian of a public record shall, within ten days following receipt of a request for inspection or copy of a public record, comply with such request. Such request may be delivered in hand to the office of the custodian or mailed via first class mail. If the custodian refuses or fails to comply with such a request, the person making the request may petition the supervisor of records for a determination whether the record requested is public. Upon the determination by the supervisor of records that the record is public, he shall order the custodian of the public record to comply with the person's request. If the custodian refuses or fails to comply with any such order, the supervisor of records may notify the attorney general or the appropriate district attorney thereof who may take whatever measures he deems necessary to insure compliance with the provisions of this section. The administrative remedy provided by this section shall in no way limit the availability of the administrative remedies provided by the commissioner of administration and finance with respect to any officer or employee of any agency, executive office, department or board; nor shall the administrative remedy provided by this section in any way limit the availability of judicial remedies otherwise available to any person requesting a public record. If a custodian of a public record refuses or fails to comply with the request of any person for inspection or copy of a public record or with an administrative order under this section, the supreme judicial or superior court shall have jurisdiction to order compliance.
(c) In any court proceeding pursuant to paragraph (b) there shall be a presumption that the record sought is public, and the burden shall be upon the custodian to prove with specificity the exemption which applies.
(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 15 calendar days following the receipt of the request if: (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).
(b) If the magnitude or difficulty of the request, or the receipt of multiple requests from the same requestor, unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality is unable to permit inspection or furnish a copy of a requested public record within 15 calendar days, the records access officer shall, not later than 10 calendar days following the initial receipt of a request for public records, issue a written response to the person who submitted the request. The written response shall be made via first class or electronic mail and shall include the following:
(i) confirmation of the receipt of the request;
(ii) identification of any known public records or categories of public records that the agency or municipality intends to produce and any, known records, categories of records, or any portion of a record, that the agency or municipality intends to withhold accompanied by specific reasons for such withholding, including the specific exemption or exemptions upon 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;
(iii) identification of any public record sought that does not exist or is not within the possession, custody or control of the agency or municipality that the records access officer serves and, if known, identification of the agency or municipality who may be in possession, custody or control of the public record sought;
(iv) 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 record sought;
(v) an itemized estimate of any fees that may be charged to produce the records;
(vi) a reasonable time in which the agency or municipality shall produce the public records sought but this time shall not exceed 30 calendar days following the initial receipt of the request for public records unless the agency or municipality and the requestor agree, in writing, to establish a time beyond 30 calendar days of the initial receipt of the request;
(vii) a proposed reasonable modification of the scope of the request or an invitation to assist the person making the request for public records to modify the scope of the request in order to produce records sought more efficiently and affordably; and
(viii) a statement informing the requestor of the right of appeal to the supervisor of records under subsection (a) and to superior court under subsection (c) of section 10A.
(c) If the magnitude or difficulty of a request , or the receipt of multiple requests from the same requestor, 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 calendar days after initial receipt of the request, or within 5 calendar 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 records access officer shall, upon submitting the petition to the supervisor of records, furnish a copy of the petition to the requestor. Upon a showing of good cause, the supervisor of records may grant a single extension not to exceed 30 calendar days. In determining whether the agency or municipality has proven 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 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 requestor, 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 an extension beyond 30 calendar days. The supervisor of records shall issue a written decision regarding a petition submitted by a records access officer under this subsection within 7 calendar days following receipt of the petition and shall provide the decision to the agency or municipality and the requestor and shall inform the requestor of the right to appeal an unfavorable decision to the superior court.
(d) A records access officer may charge a reasonable fee for a public record. 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 provisions:
(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 charge 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 the record or records requested, but the fee shall not be more than $25 per hour and an agency shall not charge for the first 4 hours of work performed. An agency shall not charge for time spent segregating or redacting 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 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 the record or records requested, but the municipality shall not charge more than $25 per hour unless such rate is approved by the supervisor of records under clause (iv); provided, however, that a municipality shall not charge for the first 2 hours of work performed or time spent segregating or redacting 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: (1) the charge represents an actual and good faith representation by the agency or municipality to comply with the request; (2) the charge is necessary such that the request could not have been prudently completed without the redaction, segregation or charge in excess of $25 per hour; and (3) the charge is not designed to limit, deter or prevent access to requested public records. An agency or municipality, upon submitting a petition under this clause, shall furnish a copy of the petition to the requestor. The supervisor of records shall issue a written determination regarding such a petition within 7 calendar days following receipt of the petition by the supervisor of public records. The supervisor of records shall provide the determination to the agency or municipality and the requestor and shall inform the requestor of the right to appeal an unfavorable decision to the superior court; and
(v) the records access officer may waive or reduce the amount of any fee under this subsection upon a showing that disclosure of the requested record or records 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.
A records access officer shall not charge a fee for a public record unless the records access officer furnished the public record in 15 calendar days under subsection (a) or responded to the requestor in 10 calendar days under subsection (b).
Section 10A. (a) If an agency or municipality fails to comply with a requirement of section 10 or issues a response the requestor 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. The supervisor of records shall issue a written determination regarding any petition submitted in accordance with this section not later than 15 calendar 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 requestor, 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 shall 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 of 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 refuses or fails to comply with an order issued by the supervisor of records.
(c) Notwithstanding the procedure in subsections (a) or (b), a requestor may initiate a 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 that any damages awarded shall be consistent with subsection (d).
(d)(1) In any action filed by a requestor 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;
(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) (i) The superior court shall award reasonable attorney fees and other litigation costs reasonably incurred to the requestor in any case in which the requestor has obtained relief through a judicial order or consent decree unless:
(A) the supervisor of records under subsection (a) found that the agency or municipal action did not violate this chapter or the agency or municipality reasonably relied on, based on similar facts, a published opinion by the supervisor of records or the attorney general;
(B) the agency or municipality reasonably relied upon a published opinion of an appellate court based on similar facts;
(C) the request was designed or intended to harass or intimidate; or
(D) the request was not in the public interest and made for a private or commercial purpose unrelated to disseminating information to the public about actual or alleged government activity.
If the superior court determines that 1 of the conditions exists under subclauses (A) through (D), the superior court may award reasonable attorney fees and other litigation costs reasonably incurred to the requestor.
(ii) When a requestor has obtained relief in a superior court case through a voluntary or unilateral change in position by the agency or municipality, if the requestor’s claim is not insubstantial, the superior court may award reasonable attorney fees and other litigation costs reasonably incurred to the requestor.
(iii) If a requestor has obtained relief under either (i) or (ii) of this clause, and the superior court determines that the assessment of reasonable attorney fees and other litigation costs reasonably incurred is not warranted, the judge shall issue written findings specifying the basis for not awarding reasonable attorney fees and other litigation costs reasonably incurred.
(3) If the superior court awards reasonable attorney fees and other litigation costs reasonably incurred to the requestor 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 attorney fees and other litigation costs reasonably incurred to the requestor, it may order the agency or municipality to waive any fee assessed under said subsection (d) of said section 10. If the superior court determines not to order any fee assessed under said subsection (d) of said section 10 waived, it shall issue written findings specifying the basis for such denial.
(4) If a requestor 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 shall assess punitive damages against the defendant agency or municipality in an amount not less than $1,000 nor more than $5,000, to be expended to support the information technology capabilities of a municipality to foster best practices and facilitate compliance with this chapter.
(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, clauses (1) and (4) of subsection (d) shall apply and any public records the court orders produced shall be provided without a fee.
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 and 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 and home address and telephone number 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 disclosed. The home address and telephone number or place of 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 and home address and telephone number, 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.
Section 19.
(a) When designing or acquiring an electronic recordkeeping 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 the requirements of 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 public records: (i) final opinions, decisions, orders or votes from agency proceedings; (ii) annual reports; (iii) reports to the general court; (iv) notices of regulations proposed under chapter 30A; (v) notices of hearings; (vi) winning bids for public contracts; (vii) awards of federal, state and municipal government grants; (viii) minutes of open meetings; (ix) agency budgets; and (x) any public record information of significant interest or which could reasonably be anticipated to be the subject of multiple requests that the agency deems appropriate to post; provided, that any agency may withhold any record or portion of a record in accordance with state or federal law.
Section 20.
For requests of payroll, financial and other data residing in the centralized state accounting and payroll systems, or associated data warehouses, the comptroller shall make available guidelines on how agencies using these systems may access and disclose public records to ensure that data that is exempted or prohibited from disclosure is not wrongfully disclosed and the security of the system is maintained.
Other Sections of the Bill
SECTION 10. Municipal records access officers shall, to the extent feasible, post the guidelines or reference materials required under subsection (b) of section 6A of chapter 66 and the commonly available public record documents identified in subsection (b) of section 19 of said chapter 66 on a website maintained by the municipality.
SECTION 11. Notwithstanding any general or special law to the contrary, all damages paid pursuant to clause (4) of subsection (d) of section 10A of chapter 66 shall be directed to item 1599-0026 of the general appropriations act to support municipal improvements to the information technology capabilities of a municipality to foster best practices and facilitate compliance with chapter 66 of the General Laws.
SECTION 12. Pursuant to section 1 of chapter 66 of the General Laws, the supervisor of records shall adopt regulations necessary to implement this act. The regulations shall be adopted not later than September 1, 2016.
SECTION 13. Notwithstanding any general or special law to the contrary, 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. Nor shall any obligation imposed by this act be enforceable or deemed relevant in any appeal pending before the supervisor of records or any court as of the effective date of this act.
SECTION 14. Section 7 shall take effect on July 1, 2016.
SECTION 15. Sections 1 to 6, inclusive, and 8 to 11, inclusive, of this act shall take effect on October 1, 2016.
