Public Records Requests

Government records belong to you. If you want to see how your school district spends its money, why a road project stalled, or what your police department’s use-of-force policy actually says, you have a legal right to ask for those records and receive them. One thing to know first: the famous federal Freedom of Information Act, or FOIA, reaches only federal agencies like the FBI or NASA. For anything run by your city, your town, your school district, or the Commonwealth of Massachusetts, the law you use is the Massachusetts Public Records Law. This page covers both, starting with the one you are far more likely to need.

The Massachusetts Public Records Law

In Massachusetts, public records are governed by the Public Records Law (M.G.L. c. 66, with the definition of a “public record” set out in M.G.L. c. 4, §7, cl. 26). It covers almost every document a government body in the Commonwealth creates or keeps: emails, contracts, budgets, meeting minutes, inspection reports, salary figures, police logs, and more. The starting assumption of the law is that a record is public unless a specific exemption applies.

A few things worth knowing before you ask:

Every agency has a Records Access Officer. State law (M.G.L. c. 66, §6A) requires every state and municipal body to name at least one RAO whose job is to help you find records and answer your request. Your town or city clerk can tell you who yours is.
You do not have to say why you want it. The law does not ask your reason, your age, or whether you can vote. A high school student has the same right to a public record as a newspaper reporter.
The response clock is 10 business days. Once the RAO receives your request, the law gives them 10 business days to respond (M.G.L. c. 66, §10). They may release the records, ask for a reasonable fee first, or cite an exemption. If they need more time, they must ask the Supervisor of Records for an extension.
Fees must be reasonable. An agency can charge for copies and, in some cases, staff time, but the law limits the bill. Ask for an estimate up front, and ask to receive records by email to keep the cost near zero.

The Secretary of the Commonwealth’s Division of Public Records oversees the whole system. Their Public Records Division page is the official starting point.

How to File a Records Request

You do not need a lawyer, a form, or a fee to start. Here is the whole process:

Figure out who holds the record. A school budget lives with the school district. A building permit lives with the town’s building department. A police report lives with the police department. When in doubt, ask the town or city clerk.
Find the Records Access Officer. Most city and town websites list their RAO and a records-request email or form. If you cannot find it, call the clerk’s office and ask.
Put your request in writing. A short email is enough. Describe the records as specifically as you can: the type of document, the department, and a date range. The narrower your request, the faster and cheaper the answer.
Send it and keep a copy. Email creates a timestamp, which starts your 10-business-day clock and gives you a record of exactly what you asked for.
Follow up if the clock runs out. If 10 business days pass with no real response, you have the right to appeal.

The Secretary of the Commonwealth walks through each step on the official Making a Public Records Request page.

If Your Request Is Denied

A denial is not the end of the road, and appealing is free. If an agency refuses your request, sends nothing, or ignores you past the deadline, you can appeal to the Supervisor of Records in the Secretary of the Commonwealth’s office. You have 90 days from the agency’s response to file. If the agency never answered at all, the 90 days run from the date of your original request instead, so a silent agency is not a reason to wait.

Write to the Supervisor of Records. Explain what you asked for, when you asked, and what happened. Attach your original request and any reply.
The Supervisor reviews it. They can order the agency to release the records or to justify its exemption in writing.
Read past decisions. The office publishes its determinations, so you can see how similar requests were resolved.

Start an appeal on the official Appealing a Denial page.

Sample Public Records Request Letter

Copy this template for a Massachusetts state or municipal request. Replace the bracketed fields with your own information. For a federal agency, use the FOIA language described in the next section instead.

[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]

Records Access Officer
[Name of City, Town, or State Agency]
[Agency Address]
[City, State, Zip Code]

Re: Public Records Request

Dear Records Access Officer,

Under the Massachusetts Public Records Law (M.G.L. c. 66, §10), I request access to and a copy of the following records:

[Describe the records you want as specifically as you can, including the department and a date range.]

I would prefer to receive these records electronically if possible. If any fees will apply, please provide an estimate before you begin, and let me know if the total will exceed [$ amount].

If you withhold any record or any part of one, please cite the specific exemption and explain how I may appeal to the Supervisor of Records, as the law requires.

Thank you for your help.

Sincerely,

[Your Name]

Federal Records: The FOIA Route

The federal Freedom of Information Act (5 U.S.C. §552) is the tool for records held by a federal agency: think the FBI, NASA, the National Archives, or the U.S. Department of Education. It does not apply to your city, your town, your school district, or Massachusetts state government, which all fall under the Public Records Law above. If you do need a federal record, here is how FOIA works:

Identify the agency. Work out which federal agency holds the records you want.
Check what is already public. Agencies post many records online for free, so search before you file.
Write a specific request. Describe the records in detail and include your contact information and preferred format.
Submit it. Use the agency’s FOIA portal, email, or mail. Federal agencies generally have 20 business days to respond.
Follow up. If you do not hear back in a reasonable time, check your request’s status or appeal.

You can file with any federal agency through the official portal at FOIA.gov.

Ready to see how your own city or town works? Send a Massachusetts public records request. It costs nothing to ask.

File a Public Records Request