E-Mails and the Massachusetts Public Records Law

It has been a while since I posted anything. I was too busy dealing with the flooding caused by the deluge two weeks ago and then I was busy with a deluge of out of town guests last week.

I spotted an article a few days ago about the continuing issue of email between public officials. The Amesbury Municipal Council passed a new rule that requires councilors to forward emails beween them and constituents concerning town matters (not purely personal matters) to the town clerk. According to the article, the rule was the result of a lawsuit over a public records issue.

Emails between public officials and the public about public matters are public records, unless they fall within one of the exemptions to the Massachusetts Public Records Law. In addition, emails between public officials and other public officials are covered by the Open Meetings Law, as well as the Public Records Law. They are the equivalent of conversations. Every municipality should have some policy in place, similar to the Amesbury rule, which ensures that all emails are centrally archived.

Course On Massachusetts Public Records Law and Open Meeting Law

I recently received information about a course on the Massachusetts Public Records Law and the Open Meeting Law. Although you can find most of what you need to know about both laws on the website for the Massachusetts Campaign for Open Government, for those people who always need more, information about the course can be found on the Lorman Education Services website. It takes place on June 27th and costs about $300.

Alternative Remedy for Open Meeting Law Violation

If you observe a violation of the Open Meeting Law, an alternative to notifying the local district attorney's office is to file a complaint in superior court. The complaint must be brought by three or more registered voters. The burden of proof will be on the governing body to show by a preponderance of the evidence that its actions were in compliance with the law. If the court finds that the Open Meeting Law was violated, it may invalidate any action that was taken at the meeting at which the violation occurred and it may impose a civil fine against the governmental body.

Required Posting About Public Records

Here is something everyone can do to promote open government. Go to your town or city hall and find out if the clerk has posted a brief statement about your right to obtain a public record. The Massachusetts Public Records Law states, “The clerk of every city or town shall post, in a conspicuous place in the city or town hall in the vicinity of the clerk’s office, a brief printed statement that any citizen may, at his discretion, obtain copies of certain public records from local officials for a fee as provided for in this chapter.” M.G.L. c. 66, § 10(d). Let us know if there is no such posting in your town or city hall.

Promoting Open Government

Here is something everyone can do to promote open government. Go to your town or city hall and find out if the clerk has posted a brief statement about your right to obtain a public record. The Massachusetts Public Records Law states, “The clerk of every city or town shall post, in a conspicuous place in the city or town hall in the vicinity of the clerk’s office, a brief printed statement that any citizen may, at his discretion, obtain copies of certain public records from local officials for a fee as provided for in this chapter.” M.G.L. c. 66,