Bills would update public records law

Some legislators and certain advocacy organizations are making a push to update the state’s public records law, which they say has not been done in a meaningful way in more than 40 years.
 
The Massachusetts public records law, enforced by the Secretary of State’s Division of Public Records, governs which documents government bodies must make available to the public, how long records must be maintained, and the process by which members of the public may access public documents.
 
Bills filed by Rep. Peter Kocot, Sen. Jason Lewis and Sen. Jamie Eldridge would require the payment of attorney’s fees when agencies are found to have unlawfully denied a request for a public record, and would require the fees associated with providing the records to reflect the actual cost of making them available.
 
Currently, government entities may charge 20 cents per page for photocopies, 25 cents per page for microfilm, and 50 cents per page for computer printouts. In order to contain costs, the public records request is to be fulfilled by the person with the lowest hourly rate that is able to do the work. This includes taking into consideration the sensitive nature of some documents. Additional charges may apply for labor costs.
 
The recently filed bills call for agencies to have designated “records access officers” to simplify the process.
 
Additionally, documents would need to be shared electronically whenever possible. Currently, agencies are allowed to share documents in whatever form they are in at the time of the request and are not required to convert them into electronic versions.
 
Secretary of State William Galvin, meanwhile, has ruled that police departments in Massachusetts have additional discretion to keep criminal records private, including arrest information and mug shots.
 
The public records law has a direct impact on all 351 cities and towns, which create and maintain an abundance of records, so the MMA will be closely monitoring any proposed changes to the law.
 
Public hearings on the proposed legislation will likely be held later this year.
 
Written by MMA Senior Legislative Analyst Katie S. McCue