Posting Public Records On-line Provides Free Access to Public Records

One way to discourage people from seeking public records is to charge them a fee for copies of the requested records. People have told me that they did not follow through with a public records request after they were told what it would cost to obtain copies of the record they requested. In fact, a few years back I asked for a copy of the schedule for a public skating arena and I was told I could have the copies if I paid over $200. I then asked to review the records instead. Miraculously, I was provided with the copies at no charge.

Although the Massachusetts Public Records Law allows a custodian of public records to charge a fee, the law does not allow local governments to treat responses to public record requests as revenue-producing activities. The custodian may charge a fee equal to the expense of searching for the record, if any, and may charge a reasonable fee for copying the documents. The Secretary of State’s regulations set out very specific amounts that may be charged for copying.

When public records are posted online, however, anyone can obtain copies of the public records without being discouraged from doing so by any fees. The cost of someone downloading a particular public record is so miniscule to the municipality, it would cost more to recoup it. In fact, there are cost savings to the municipality. At the very least, employees do not have to spend time responding to requests.