the people’s records

7/31/2019 THE PEOPLES RECORDS

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THE PEOPLES RECORDSGetting your records fromMassachusetts and her Municipalities

Rob Eno, Publisher, Red Mass Group


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Overview

What is and isnt public record inMassachusetts?

How do I request public records?

What should they cost?

What do they look like when they

come back? What are the remedies for non-

compliance?


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Resource Document

http://www.sec.state.ma.us/pre/prepdf/guide.pdf


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Is this FOIA?

No, The federal FOIA is a statute thatapplies to federal records. The

Massachusetts Public Records Law

applies to records created by or in thecustody of a state or local agency,board or other government entity.


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What is a public record?

Every document, paper, record, map,photograph, etc., as defined by law,that is made or received by a

government entity or employee ispresumed to be a public record. Emails

Written communication

Electronic files

MetaData


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Exemptions

Exemption (a) applies to those records

that are:

specifically or by necessary implication

exempted from disclosure by statute.


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Exemptions

Exemption (b) applies to those recordsthat are:

related solely to internal personnel rulesand practices of the government unit,provided however, that such records shallbe withheld only to the extent that

proper performance of necessarygovernmental functions requires suchwithholding.


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Exemptions

Exemption (c), the privacy exemption, is the

most frequently invoked exemption. Thelanguage of the exemption limits itsapplication to:

personnel and medical files or information;also any other materials or data relating to a

specifically named individual, the disclosureof which may constitute an unwarrantedinvasion of personal privacy


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Exemptions

Exemption (d) provides a limited executiveprivilege for policy development. It applies

to: inter-agency or intra-agency memoranda or

letters relating to policy positions beingdeveloped by the agency; but this sub-clause shall not apply to reasonably

completed factual studies or reports onwhich the development of such policypositions has been or may be based.


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Exemptions

Exemption (e) allows the withholding of:

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.


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Exemptions

Exemption (f), the investigatory exemption,

provides custodians a basis for withholding: Investigatory materials necessarily compiled

out of the public view by law enforcementor other investigatory officials the disclosureof which materials would probably so

prejudice the possibility of effective lawenforcement that such disclosure would notbe in the public interest


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Exemptions

(G) Voluntarily provided tradesecrets of non-government entities

(h) Competitive bidding

Only during bidding process afterwardsall bids are public records

(i) Pre purchase property appraisals

(j) Firearms permit records

(l) Test answers


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How do I get them?

File a public records request

Should be in writing

Should be addressed to the lead

manager who will disseminate.

If acting as press try working with the presssecretary to ensure it gets to the appropriateperson.


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Sample Public Records RequestPatrick Cloney

Chief Executive OfficerMassachusetts Clean Energy Center

55 Summer Street,

9th Floor Boston, MA 02110

VIA EMAIL

Re: Massachusetts Public Records Request

Dear Mr. Cloney :

This is a request under the Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10).

I am requesting that I be provided a copy of the following documents:

All financial records of the Clean Energy center including but not limited to: valuation reports, annual reports,

fund accounting etc..

I recognize that you may charge reasonable costs for photocopies, computer disks, or personnel time to comply

with this request. If you expect charges to exceed $250, please contact me regarding this request.

As you are aware, I must be provided with this information within 10 days . If you cannot comply with my request,

please provide an explanation in writing. If I am not granted access to the documents within 10 days, I will

exercise as is my right, filing an appeal with the Secretary of State.


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Dos and donts

Do

Be specific.

Specific time

Specific individual

Specific event

Go on fishing expeditions. Have a good

idea of what you want. Give me all emails from the city for the year

2010. Will probably not get a quick response


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They are required to provide in

10 days by law

Not 11 days, not 200 days. The lawclearly states 10 days.

If you do not get your records in 10 days,

you may email the public recordsdivision at [email protected] or callthem at Phone: (617) 727-2832.

Appeal procedure found at http://www.sec.state.ma.us/pre/preapp/appidx.htm
mailto:[email protected]:[email protected]


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What comes back?

Usually a letter, or email stating theyhave your request and are processingit.

If you can establish that you are actuallya journalist you usually get fees waived.So send it as the publisher etc of your

blog. The records themselves.


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OK youve got records what do

you do with them?

Tell a story. Public records are arecord of the truth. You can find out ifpublic officials have been lying, what

they are up to etc.

Request more records. Often a publicrecords request will yield more

information. Which can help you withanother request.


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Final Takeaway

The records are the truth, you need totell a story with them. Fairness dictatesthat you should give a live person achance to respond.

The one thing that upsets me about you bloggers is

that you dont use that 19th century

technology, the telephone. Call the people you

are writing about and ask them for comment.Your story will be better for it. I guarantee it.

- John Fund, WSJ, June 2012

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