Appeals
Compiled and written by Colman M. Herman.
If a records custodian fails to respond to you within ten days, denies your request in part or in total, or you think the fee is too high, you may appeal to the supervisor of public records in the secretary of state’s office within 90 days. Or you may seek a judicial remedy in Superior Court or with the Supreme Judicial Court.
If you appeal to the supervisor of public records, in addition to your letter explaining the basis of your appeal, be certain to include a copy of your original request along with any response from the records custodian. Some examples of reasons to appeal are you did not receive a response; records were withheld, but no exemptions were claimed; exemptions were claimed, but their application was not explained; and/or the fee was to high.
Send your letter of appeal to:
Supervisor of Public Records
Office of the Secretary of State
Room 1719
One Ashburton Place
Boston, MA 02108
If the supervisor issues a ruling requiring the records custodian to hand over records or that the fee needs to be reduced, but the records custodian fails to comply, the supervisor, at his or her discretion, may turn the case over to the attorney general. Or alternatively, you can take the case into court.
Although opening up a case is at the discretion of the supervisor, in the overwhelming majority of cases, a determination will be issued as to the appropriateness of the response of the records custodian. The supervisor may decline to open an appeal where the public records in question are the subject of a dispute in active litigation, administrative hearings or mediation; if he or she believes the request is intended to harass or intimidate someone or assist in the commission of a crime; or if he or she thinks the public records request is made solely for a commercial purpose.
Be aware that it can take months or more to receive a ruling from the supervisor.
Other Sections:
Introduction to public records
Asking for records
Custodian's response
The fees
The exemptions
Attorney-client privilege
Quasi-government agencies/misc.
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