Public Records Request
Massachusetts Public Records Law provides that every person has a right of access to public information. The right to access includes the right to inspect, copy or have copies provided upon the payment of a reasonable fee.
How to make a public records request:
- Town of Lynnfield website by completing an online request form - click here to be redirected to our online site;
- Electronic mail by submitting an email request to the appropriate Records Access Officer;
- Typed or handwritten request by mail to the appropriate Records Access Officer;
- Facsimile by submitting the request to the appropriate Records Access Officer;
- In person by submitting a written or oral request to the appropriate Records Access Officer
NOTE: If department is not known, you can submit your request to the Town Clerk, who will forward the request to the appropriate department.
What is a Public Record?
The Commonwealth of Massachusetts broadly defines what constitutes a public record. The public records law includes nearly all documentary material or data of any form generated, received, or maintained by the Town, its employees, boards, committees and commissions. In order to protect certain privacy and security interests, there are certain narrowly defined statutory exemptions prohibiting particular public records, or portions thereof, from disclosure.
What is a Public Records Request?
A public records request is a request to either inspect public records or copy them. There is no requirement that the request be made in person or in writing, or be in any particular form. The person making the request is not required to identify himself/herself, or to provide information about the reason for the request or how the records will be used (with limited exceptions discussed below). The request must be clear enough to enable the Town to conduct a meaningful search. The Town may ask questions about the request in order to respond to the request fully and in a timely manner. The State acknowledges that access to information is a fundamental and necessary right of every citizen.
Public record requests shall include a reasonable description of the requested record to the records access officer (RAO) so that he / she can identify and locate it promptly. Under the law and to the extent feasible, the RAO shall provide public records to a requester in an electronic format unless the record is not available in an electronic format or the requester does not have the ability to receive or access the records electronically.
You are asked (but not required) to provide the following information to ensure that we process your request as efficiently as possible:
- Your name, address, email address and telephone number;
- A reasonable description of the record(s) sought, containing specific dates and supporting information which will allow the Town to identify and locate the record(s);
- Your preference to inspect/review record(s) or to copy the record(s); and
- If you do not want your records electronically transmitted to you, the method you would like the records delivered.
What is a Records Access Officer (“RAO”)?
The Town Clerk serves as the “Chief Records Access Officer, with each Department Head / Board Secretary as the Departmental Records Access Officer (RAO) for his/her respective department or board.
Contact information for each RAO is posted below and also on the bulletin board outside the Town Clerk’s office.
The Chief RAO will assist public records requesters, and assist records custodians in maintaining records.
The Chief RAO will be responsible for following up with each Departmental RAO to be sure they are meeting the requirements needed to fulfill the pubic records request. The Departmental RAO will be responsible for working with the Chief RAO to ensure a timely response. The Departmental RAO will be responsible for providing the Chief RAO a written notification the request was responded to.
How and When to Respond to Requests?
The time to provide an initial response is 10 business days. Business days does not include Saturdays, Sundays, legal holidays or other weekdays when a custodian’s office is closed unexpectedly.
Within 10 business days, a response from the RAO to the requester is required, at the very least to provide an estimate of the fee that will be due. Within 25 business days, the Departmental RAO will provide a full response including the copies, if requested.
It is the Town’s policy to fulfill requests as quickly as possible and to respect the State’s preference for the waiver of fees.
Each department, board and committee will be responsible for researching and copying the public records requested of it.
RAO’s must provide public records to a requester in an electronic format unless the record is not available in an electronic format or the requester does not have the ability to receive or access the records in a useable electronic format.
Fees
The Public Records Regulations require that an RAO provide a detailed, written, good faith estimate for the cost of complying with a public record request. The fee estimate must contain a statement advising the requester that the actual cost of producing the record might vary once the municipality begins preparing the record. A municipality is permitted to require payment of the estimated fee before commencing work. Public records that are of great interest to a large number of people must be readily available within the office of the RAO and should be provided at a minimum cost, if any.
Examples include minutes of board meetings, town meeting documents, warrants, and municipal financial documents. Many of these records are on the town website: town.lynnfield.ma.us
An RAO may charge and recover a fee for the time spent searching, redacting (if legally required), photocopying and refiling a record. The hourly rate charged to the requestor is $25.00 per hour unless the hourly wage of the lowest paid employee is capable of performing the task. Municipalities such as Lynnfield with a population of less than 20,000 charge for the first two hours of time (whereas communities with a population of 20,000+ may not charge for the first two hours) spent searching for, compiling, segregating, redacting and reproducing a requested record. Generally, an RAO is not permitted to charge an hourly rate in excess of $25.00 per hour to search for records. Municipal RAOs may petition the Supervisor for permission to charge a fee in excess of $25.00 per hour.
The fee estimate must provide the hourly rate and the number of hours required for each portion of the task. An RAO may not recover fees associated with record organization. If a requester wishes to review records in the records custodian’s office but does not require copies, a records custodian may charge and recover a fee for his or her time spent searching for and redacting the records. Access to records viewed in this manner cannot be denied and only minor fees associated with securing the record should be charged.
If there is a request to waive the fees, the Town has a right to ask for the purpose of the public records request. That is because the Public Records Law urges municipalities to take into account whether the request is in the public interest in determining whether to grant a waiver. If it turns out that the request serves a commercial purpose, it is the Town’s policy not to waive fees. The only other reason Town personnel may ask the purpose of the request is if the requested information may be subject to “Exemption (n)” to the definition of “public records.” That is the part of the law allowing the withholding of information about infrastructure and security measure which the records custodian deems “likely to jeopardize public safety or cyber security”.
The Records Access Officer must furnish a copy or permit inspection of public records within ten business days as long as:
- The request reasonably describes the public record sought;
- The public record is within the possession, custody or control of the municipality that the records access officer serves;
- The public record is not exempted by statue; and
- If applicable, the records access officer receives payment of a reasonable fee.
If the Records Access Officer is unable to provide a full response to your request within the ten business days he or she must respond to your request and include the following information:
- Confirmation of your request;
- Identify the correct RAO if the request was submitted to the wrong RAO;
- Outline what will be withheld, if known;
- Provide an explanation for the inability to provide the records within the timeframe;
- When a response is expected.
Administrative Appeals
If a municipality fails to comply with a requirement of the Public Records Law, the requester may file an appeal with the Supervisor of Public Records who will then issue a determination on the public status of the records within 10 business days of receipt of the appeal.
Attorney’s Fees
Under the Public Records Law, if a requester prevails in a court action against a municipal RAO, the court may award the requester attorney’s fees and costs.
Record Access Officers
Town of Lynnfield Chief Records Access Officer:
Amanda Haggstrom - Town Clerk
781-334-9401
Fax # - 781-334-9469
Departmental Records Access Officers:
Accounting - Julie McCarthy
781-334-9420
Fax # - 781-334-9429
Assessors - Meredith Stone
781-334-9450
Fax # - 781-334-9419
Building Inspectors - Winnie Barrasso
781-334-9470
Fax # - 781-334-9489
Conservation - Emilie Cademartori
781-334-9495
Fax # - 781-334-9509
Fire - Chief Glenn Davis
781-334-5152
Fax # - 781-334-2592
Board of Health
781-334-9484 Maria Welsh
Police - Chief Nick Secatore
781-334-6506
Fax # - 781-334-6334
Planning - Planning Board Office
781-334-9490
Fax # - 781-334-9509
Public Works - Michelle Sweeney
781-334-9500
Fax # - 781-334-9509
School - Thomas Geary
781-334-9200
Fax # - 781-581-5231
Town Admin / Selectmen - Bob Curtin
781-334-9410
Fax # - 781-3349419
Treasurer / Collector - Leslie Davidson
781-334-9430
Fax # - 781-334-9439