Massachusetts Public Records: Requests, Response Time & Appeals

To file a Massachusetts public records request, send a written request to the agency’s Records Access Officer describing the documents you want; the officer has 10 business days to respond by producing the records, denying them with a cited exemption, or giving you a written fee estimate and a timeline. You do not have to live in Massachusetts, be a U.S. citizen, or explain why you want the records.¹

Who Can Ask, and for What

Anyone can file a request. The right of access is not limited by residency or purpose.¹

The universe of records is broad. Under M.G.L. c. 4, § 7, cl. 26, a public record is any book, paper, map, photograph, recorded tape, financial statement, or other documentary material or data, regardless of format, made or received by an officer or employee of a state or local government body.² Emails, spreadsheets, text messages on government devices, contracts, meeting minutes, and hearing recordings all count. The presumption runs in favor of disclosure, and the agency carries the burden of justifying anything it holds back.

How to Submit the Request

Every state agency and municipality has to designate at least one Records Access Officer (RAO) to handle these requests. The RAO’s name and contact information are posted on the agency’s website.³

You can deliver a request by hand, first-class mail, or email to the RAO’s posted address.⁴ Oral requests are also allowed, and an RAO cannot refuse to process one just because it wasn’t in writing.⁵ Even so, a written request creates a timestamped record you can point to if deadlines slip or you need to appeal. Larger state agencies often have online portals.

Be specific. Describe the documents by date range, subject, program, department, or the names of people involved, and name the type of record you want. A request for “all emails between the Public Works Director and ABC Paving between January and June 2024” is workable; a request for “everything about roads” invites delay and higher fees. State your preferred delivery format too. Electronic delivery by email is free; paper copies are not.

The 10-Day Response Window

The RAO has 10 business days from receipt of the request to respond. That response can take one of three forms: producing the records, denying the request with a written explanation citing the specific exemption, or notifying you that more time is needed along with a fee estimate.⁴

When the request is large or complex, state agencies can extend the deadline to 15 business days from the original request date. Municipalities get up to 25 business days. If more time is still needed, the RAO can petition the Supervisor of Records for a single further extension of up to 20 additional business days (state agency) or 30 additional business days (municipality). The Supervisor rules on that petition within 5 business days.⁴

Silence is not a legal response. If the deadline passes and you’ve heard nothing, the law treats that non-response as a denial for purposes of your appeal rights.

What It Costs

Fees are capped and depend on whether you’re dealing with a state agency or a municipality.

Paper copies: no more than $0.05 per page, single- or double-sided.⁶
Electronic copies and faxes: no copying fee.⁶
State agency staff time: the first 4 hours of searching, compiling, redacting, and reproducing are free. Beyond that, up to $25 per hour.⁴
Municipal staff time: municipalities over 20,000 in population must give the first 2 hours free; smaller municipalities have no mandatory free-hour threshold. The rate is also capped at $25 per hour, though a municipality can petition the Supervisor of Records for permission to charge more.⁴

Before doing any work that will generate charges, the RAO has to send you a written, itemized good-faith estimate within the 10-business-day response window. There’s no minimum dollar amount that triggers this; if the agency plans to charge anything, it has to tell you first.⁶ An RAO that skips the estimate and petition procedures forfeits the right to assess fees at all.⁵

You can also ask the RAO to reduce or waive fees. The statute permits a waiver when disclosure serves the public interest and the request is not for a commercial purpose, or when you can’t afford to pay.⁴ It is not automatic. It is worth asking when the estimate is substantial and your purpose is civic.

What Agencies Are Allowed to Withhold

Not everything is disclosable. The statute lists specific exemptions, and an agency that withholds anything has to cite the exemption it’s relying on and explain why it fits.⁷²

Two points to keep in mind. Records related to a law enforcement misconduct investigation are not shielded by the personnel exemption.² And when only part of a record is exempt, the agency must redact the protected material and produce the rest.⁷ A blanket refusal to hand over a document that is mostly disclosable does not meet the statute.

Appealing to the Supervisor of Records

If you’re denied, if you get a response you think violates the law, or if the agency doesn’t respond at all, you can petition the Supervisor of Records. You have 90 calendar days from the agency’s response, or from the date the response was due if none came, to file.⁸ Include a copy of your original request, the agency’s response (if any), and a short letter explaining why you think the denial was wrong. Appeals can be sent by mail, fax, or email.

The Supervisor must issue a written determination within 10 business days of receiving the petition. If the Supervisor finds a violation, the agency is expected to comply with the order. If it refuses, the Supervisor can refer the matter to the Attorney General to take steps necessary to force compliance.⁹

Going to Superior Court

If the Supervisor rules against you or fails to issue a timely decision, you can seek judicial review in Superior Court. You can also skip the Supervisor and file a civil action directly. For state agencies, the case goes to Suffolk Superior Court; for municipalities, it goes to Superior Court in the county where the municipality is located.⁹

The financial rules of the courtroom favor requesters. If you obtain relief through a court order, a consent decree, or the agency simply handing over records after you file, the court may award reasonable attorney fees and litigation costs. The law creates a presumption in favor of that award unless the agency shows a specific defense, such as a prior Supervisor ruling in its favor on the same request or evidence the request was meant to harass.⁹

If a court finds an agency acted in bad faith (withholding records, missing deadlines, or charging unreasonable fees) it can impose punitive damages between $1,000 and $5,000. Those damages go into the Public Records Assistance Fund rather than to you, but the attorney fee award and the order compelling production are what carry the practical value.⁹

1
Secretary of the Commonwealth of Massachusetts. Making a Public Records Request
2
General Court of Massachusetts. Massachusetts Code Chapter 4 Section 7
3
General Court of Massachusetts. Massachusetts Code Chapter 66 Section 6A
4
General Court of Massachusetts. Massachusetts Code Chapter 66 Section 10
5
Legal Information Institute. Massachusetts Code 950 CMR 32.06 – Rights of Access
6
Legal Information Institute. Massachusetts Code 950 CMR 32.07 – Copies of Records and Fees
7
Mass.gov. Exemptions
8
Secretary of the Commonwealth of Massachusetts. Appealing a Public Records Request Denial
9
General Court of Massachusetts. Massachusetts Code Chapter 66 Section 10A