Massachusetts Public Records Act and The Power it Holds for Taxpayers

The first time I submitted a public records request was back in 2018. As a mother of three children in the Somerset Public School district, I joined other parents in attending a school committee meeting asking for security updates after the Parkland shooting. The school district hadn’t made any upgrades to our district in years, and we finally spoke up. The district somehow found over a half a million dollars in their existing budget that year to fund all the necessary security upgrades and I submitted a request to the district to see how they spent the money.

What I got was a treasure trove of documents that showed me how our district spent a half a million dollars, with some items not even being related to safety improvements. I was able to look at invoices and purchase orders, requests for supplies and emails. I realized then how powerful the Massachusetts Public Records Act request really could be.

The Massachusetts Public Records Law gives the public the right to access, inspect, and copy public records from Massachusetts agencies and municipalities. I can’t say this enough: it is a very powerful tool each taxpayer has.

One of the best parts of a Public Records request is that there is no form or format that you must use in order to request information. According to the Secretary of State’s website:

“Massachusetts Public Records Law, found at M.G.L. c. 66, § 10, applies to records made or received by a Massachusetts agency or municipality.

Most records are presumed to be public, but certain records are exempt. You can find a list of these exemptions in M.G.L. c. 4, § 7.”

The Law requires every agency and municipality to designate a Records Access Officer (RAO), who assists requesters in obtaining public records. Requestors should contact the agency or municipality RAO for public records access.

One of the most valuable and interesting Public Records Requests you can submit are the emails belonging to anyone who works for your city or town. For example, you can submit a request to the City of Fall River for all of the emails Mayor Paul Coogan sent in the past 14 days. While some information may need to be redacted for privacy reasons, you as a taxpayer have every right to view those emails.

As a parent, you can request the emails your child’s teacher has sent to anyone regarding your child. If the email originated from a school issued email address, you have the legal right to request it. This can be a particularly powerful tool when dealing with matters relating to special education and bullying. Trust me.

Guess who else has an email that you have access to? Your elected officials. Each one of your elected officials are issued emails either by their town, city or state and YOU have access to all of those. No email that is sent by your State Representative is private. They are all there and all you have to do is ask for them.

Emails are not the only things a taxpayer can solicit. I recently submitted several requests to state agencies asking for copies of the contracts our state has with companies providing transportation to migrants living at a local hotel. I asked for copies of the bids, the contracts, a breakdown of the budget and everything else related to how our tax dollars were being spent. Truly eye opening.

Sometimes, a Public Records Request can be used to investigate. For example, I submitted a Public Records Request to the Greater New Bedford Vocational Technical High School for the personnel file of a former employee and all emails from the superintendent related to that employee.

Kathleen Martins was a former security guard at the school and was allegedly having a sexual relationship with a student there, Jacob Pothier. Martins and Pothier were involved in a single-car accident this past January. The family of Pothier asserts that the school knew about the relationship and did not protect Pothier from Martins.

My request for Martins’ file and emails relating to her was submitted and attorneys for the school said that in order to fulfill the request, there would be a fee of $850.00 for them to get me the information. That IS something they can do. An agency or department can charge a fee relating to the cost associated with the time and staff needed to respond to your request. It can be minimal, but it can be costly. You can request there be no charge as well.

In all the years I have been submitting requests, I have only been asked to pay on one other occasion and that was when I requested security footage and I had to pay $7 for the flash drive they uploaded it on.

That brings me to the next thing you can request: videos. If there is a camera that is being paid for by your tax dollars, you can request the footage from that. Just recently, a friend of mine submitted a request for the video footage of the drop-ballot boxes outside her town hall on Primary Day because she had concerns over access to ballots. After I wrote a story about a confrontation on Super Tuesday at a polling location, I submitted a request for video from the parking lot to authenticate how the altercation started. Videos are valuable and they are yours to view.

Just some tips on requesting information that I have learned through the years:

1. Keep It Simple: Try to be very specific with what you are asking for. If you need to, submit multiple requests to ensure clarity. For example, don’t ask for every email your mayor’s secretary has ever sent. Narrow down the days and give a key word or phrase you are looking for. You want to make it easy to understand.
2. Make Sure You Know Who To Ask: It’s possible you can send a request to one person inside a public agency and it’s not the right place to send it. They will then respond that they can’t fulfill your request, and you have to start over. Make sure you have the right person when you send a request.
3. Have Patience: While the responding Massachusetts agency can sometimes get you your information in as little as a few hours, state law requires they respond within 10 business days, so be patient. Mark your calendar for the deadline and watch your emails for a response.

The Massachusetts Public Records Request Act, for all information relating to state agencies, and the Freedom of Information Act (FOIA) requests for all federal agencies, are powerful tools that are available to ensure transparency in government. While elected officials run and hide, taxpayers have the ability to get information on their own. When cities or school districts put up red tape and make it harder for families and businesses to get ahead, there are ways to get data and information through these requests. When taxpayers are feeling the pinch and have to make cuts each week as prices are on the rise, they can take a look at even the most local government spending and hold agencies and departments accountable for how they spend.

I’m giving you all a homework assignment. Submit your own Public Records or FOIA request. Try it and see what you learn about things that are important to you and your family. Let me know what you learn. Email me at info@fallriverreporter with your results.