The Massachusetts Public Records Law, like the Massachusetts Open Meeting Law, is an important tool for citizens to obtain information on the way state and local governments go about their business.

Just as the Open Meeting Law begins with the assumption that all meetings of governmental bodies should be open to the public so the Public Records Law assumes that all documents generated by state and municipal entities are open to the public unless a specific exception applies.

The basic definition of a "public record" is contained in Massachusetts General Laws, Chapter 4, Section 7, Clause 26 and includes "all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations or other documentary materials or data regardless of physical form or characteristics ...." which are made or received by state, county and municipal offices. obviously this an all-inclusive definition and the exceptions are therefore an important part of the law.

Several of the exceptions are "common sense" matters. For example, certain laws specifically exempt documents from disclosure, including impounded birth records, welfare records and tax returns. Questions and answers and related materials for tests, such as a civil service test, are exempt if these materials are to be used again in the future. Appraisals of real estate for a government entity are protected during negotiations or litigation involving the property. Documents related to bidding for public works and similar projects are protected until the bidding process is complete. Similarly, the law protects trade secrets or commercial or financial information which was voluntarily provided to an agency to help it develop governmental policy if there was a promise of confidentiality. The identity of borrowers contained in circulation records of public libraries is also protected.

An important exception applies to "personnel and medical files or information" and other information which relates to a specifically named individual if the disclosure of this information would constitute "an unwarranted invasion of personal privacy." For example, the names, addresses and positions of municipal employees are available for disclosure but medical information relating to these employees would not be.

Another group of exceptions applies to certain internal operating documents of governmental entities. These documents must be "related solely to internal personnel rules and practices" or to "inter-agency or intra-agency memoranda or letters relating to policy positions being developed" by the entity. These exceptions would, for example, protect an instructional manual on computer security from public disclosure. These exceptions are based on the realization that there should be a free flow of advice and opinions between policy makers as policy is developed, without fear that the comments would become public. Note, however, that factual materials upon which policy positions are or have been based are not exempt.

Investigatory materials compiled by law enforcement officials are another important exception. These materials may be withheld if effective law enforcement would be prejudiced by disclosure. There is also no obligation to disclose the identity of persons who apply for a firearms license or documents in connection with the sale or transfer of firearms or ammunition.

A request for public records should be made to the custodian of the records and may be made orally or in writing. Responses to the request should be made without unreasonable delay but definitely within 10 days. If the request is denied the custodian must give the specific legal basis for withholding the materials. The requester must be advised of his right to seek redress from-the office of the Supervisor of Public Records in the office of the Secretary of State.

The custodian is allowed to charge a reasonable fee to recover the cost of complying with the public records request, including the time spent searching for the requested records. In Longmeadow, this search charge is ten dollars per hour. In addition, the custodian may charge twenty cents per page for photocopies.