Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
Following a hearing on draft regulations this month, the supervisor of records in the secretary of state’s office is working on a final set of rules to implement the new public records law, which was signed by the governor in June and is scheduled to take effect on Jan. 1.
The new law (Ch. 121 of the Acts of 2016) imposes strict new rules on cities, towns and state agencies governing timelines to respond to and comply with requests for records, how much can be charged to cover costs, and what penalties could be imposed on state and local government agencies.
The law requires the supervisor of records to finalize regulations by Jan. 1. The new, high-stakes rules will necessitate that cities and towns review and update local practices for responding to records requests, and that they be ready to implement them on the first of the year.
At the Oct. 6 hearing on the draft regulations, the MMA and the Massachusetts Municipal Lawyers Association testified together and asked for clarification in a number of areas to avoid confusion over the rules. The MMA and MMLA sought clarification of the different responsibilities of records custodians and records access officers, and a redraft of rules governing frivolous and harassing requests and related to oral requests for records so that they are more consistent with the statute.
Comments were also submitted by the Small Town Administrators of Massachusetts on these same issues and on concerns about deadlines for response and compliance in small towns with limited staff and office hours.
Comments were also filed by the coalition that pushed changes to the law, including the American Civil Liberties Union of Massachusetts, CommonCause Massachusetts, and the Massachusetts Newspaper Publishers Association.
The MMA and the MMLA are sponsoring a workshop at the MMA Annual Meeting & Trade Show on Jan. 21 on the requirements of the law and regulations, as well as best practices that cities and towns can implement to facilitate compliance with the new rules.