Hacker Chronicles 2/HACKER2.BIN/807.MA2.TXT

Text File | 1993-11-07 | 76KB | 1,472 lines

PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE X. PUBLIC RECORDS
CHAPTER 66. Public Records

                       Mass. Ann. Laws ch. 66, @ 3 (1993)

@ 3. "Record" Defined; Quality of Paper Required; Record Made by
Photographic or Microphotographic Process.

   The word "record" in this chapter shall mean any written or
printed book or paper, or any photograph, microphotograph, map or
plan. All written or printed public records shall be entered or
recorded on paper made of linen rags and new  cotton clippings,
well sized with animal sizing and well finished, or on one hundred
per cent bond paper sized with animal glue or gelatin and
preference shall be given to paper of American manufacture marked
in water line with the name of the manufacturer. All photographs,
microphotographs, maps and plans which are public records shall be
made of materials approved by the supervisor of records. Public
records may be made by handwriting, or by typewriting, or in
print, or by the photographic process, or by the microphotographic
process, or by any combination of the same. When the photographic
or microphotographic process is used, the recording officer, in all
instances where the photographic  print or microphotographic film
is illegible or indistinct, may make, in addition to said
photographic or microphotographic record, a typewritten copy of the
instrument, which copy shall be filed in a book kept for the
purpose. In every such instance the recording officer shall cause
cross references to be made between said photographic or
microphotographic record and said typewritten  record. If in the
judgment of the recording officer an instrument offered for record
is so illegible that a photographic or microphotographic record
thereof would not be sufficiently legible, he may, in addition to
the making of such record, retain the original in his custody, in
which case a photographic or other attested copy thereof shall be
given to the person offering the same for record, or to such person
as he may designate.

   Subject to the provisions of sections one and nine, a recording
officer adopting a system which includes the photographic process
or the microphotographic process shall thereafter cause all records
made by either of said processes to be inspected at least once in
every three years, correct any fading or otherwise faulty records
and make report of such inspection and correction to the supervisor
of records.

HISTORY: 1815, 73; RS 14, @ 116; GS 29, @ 1; PS 37, @ 1; 1891, 281;
1897, 439, @ 1; RL 35, @@ 5, 6; 1928, 192, @ 1; 1936, 305; 1941,
662, @ 1; 1975, 282.

 NOTES: EDITORIAL NOTE--    The 1975 amendment inserted in the
second sentence, after the word "finished," a provision relative to
100 per cent bond paper sized with animal glue or gelatin.

CODE
OF MASSACHUSETTS REGULATIONS--    Public records access;
definitions, 950 CMR 32.03.    Regulations on using microfilm, 950
CMR 39.00 et seq.

TOTAL CLIENT SERVICE LIBRARY REFERENCES--
Mass Jur, Criminal Law @ 26:52.    66 Am Jur 2d, Records and
Recording Laws @ 8.

ANNOTATIONS--    What are "records" of agency
which must be made available under state freedom of information
act. 27 ALR4th 680.
TEXTS--    Mottla, Proof of Cases in Massachusetts, @ 192

CASE NOTES    This section
authorizes employment of three different methods of recording
instruments, but does not affect power of supervisor of records to
require additional measures reasonably calculated to safeguard
records.  Bristol County  v Secretary of Commonwealth (1949) 324
Mass 403, 86 NE2d 911.    Photostatic copies of probate records are
sufficient for permanent records so long as they meet durability
requirements of statute.  8 Op AG 10.

Mass. Ann. Laws ch. 66, @ 4 (1993)

@ 4. Certain Appliances Forbidden.

   No ink shall be used upon any permanent public record except ink
of such a standard as established and approved by the supervisor of
records, and no ribbon, pad or other device used for printing by
typewriting machines, or stamping pad, or any ink contained in such
ribbon, pad, device, stamping pad or  carbon paper, shall be used
upon any permanent public record, nor shall any photographic
machine or device or chemical used in connection therewith be used
in making any permanent public record, except such as has been
approved by the supervisor of records, who may cancel his approval
if he finds that any article  so approved is inferior to the
standard established by him. The supreme judicial or superior court
shall have jurisdiction in mandamus, on petition of the supervisor
of records and pursuant to section five of chapter two hundred and
forty-nine, to order compliance with the provisions of this
section.

HISTORY: 1894, 378; 1898, 510; 1899, 354; @@ 1, 4, 5; RL 35, @@
8--10; 1908, 57; 1928, 192, @ 2; 1950, 310; 1973, 1050, @ 2; 1977,
80, @ 2.

 NOTES: EDITORIAL NOTE--    The 1950 amendment struck out "or
stamping pad" and inserted in place thereof "stamping pad or carbon
paper".
The 1973 amendment struck out the penalty provision and
inserted in its stead a provision conferring on the supreme
judicial or superior court jurisdiction to order compliance with
the provisions of this section.
The 1977 amendment rewrote the
first sentence, providing that permanent record ink must meet the
standard established and approved by the supervisor of  public
records.

CASE NOTES    Pursuant to former
ALM GL c 66 @ 2, commission for blind is eligible to be awarded
contract for purchase by supervisor of public records of ink-filled
cartridges, provided that Commission has same for sale, and that
they are produced by persons under supervision of Commission or in
industrial schools or  work shops under its supervision.
1973--1974 Op AG, No. 20.

Mass. Ann. Laws ch. 66, @ 5 (1993)

@ 5. Copies of Records of Counties, Cities and Towns.

   County commissioners, city councils and selectmen may cause
copies of records of counties, cities or towns, of town
proprietaries, or proprietors of plantations, townships or common
lands, relative to land situated in their county, city or town or
of easements relating thereto, to be made for their county, city or
town, whether such records are within or without the commonwealth,
and such records within the commonwealth may be delivered by their
custodians to any county, city or town for such copying. City
councils and selectmen may also cause copies to be made of the
records of births, baptisms, marriages and deaths kept by a church
or parish in their city or town.

HISTORY: 1857, 84, @@ 1, 2; GS 29, @@ 5, 6; 1865, 265; 1874, 162;
PS 37, @@ 5, 6, 9; 1887, 202, @ 1; 1897, 439, @ 5; RL 35, @ 15;
1913, 355.

NOTES: TOTAL CLIENT SERVICE LIBRARY REFERENCES--    66 Am Jur 2d,
Records and Recording Laws @ 13.

TEXTS--    Mottla, Proof of Cases in Massachusetts, @ 192

                      Mass. Ann. Laws ch. 66, @ 5A (1993)

@ 5A. Information to be Recorded by Records Required to be Kept
Under Certain Statutes.

   The records, required to be kept by sections eleven A of chapter
thirty A, nine F of chapter thirty-four and twenty-three B of
chapter thirty-nine, shall report the names of all members of such
boards and commissions present, the subjects acted upon, and shall
record exactly the votes and other official actions taken by such
boards and commissions; but unless otherwise required by the
governor in the case of state boards, commissions and districts, or
by the county commissioners in the case of county boards and
commissions, or the governing body thereof in the case of a
district, or by ordinance or by-law of the city or town, in the
case of municipal boards, such records need not include a verbatim
record of discussions at such meetings.

HISTORY: 1958, 626, @ 10; 1960, 437, @ 6; 1964, 323, @ 2; 1982, 83.

 NOTES: EDITORIAL NOTE--    The 1960 amendment struck out,
following "boards", ", commissions and school  committees".    The
1964 amendment inserted the requirement that the records report the
names of all members of boards and commissions present and the
subjects acted upon.

The 1982 amendment deleted reference to
section twenty-three A of chapter thirty-nine, and inserted in
place thereof reference to section twenty-three B of said chapter
thirty-nine.

TOTAL CLIENT SERVICE LIBRARY REFERENCES--
66 AmJur 2d, Records and Recording Laws @ 7.

CASE NOTES    Minutes of town
zoning board meetings were not admissible to prove truth of
evidence before board recorded in minutes, i.e., date particular
use of property began.  Building Inspector of Chatham v Kendrick
(1983) 17 Mass App 928, 456 NE2d 1151.    Minutes of town's zoning
board are admissible to prove certain matters such as date of
meeting, motions made, votes taken, members present and absent, and
reasons stated for decision, but board's findings have no
evidentiary weight. Building Inspector of Chatham v Kendrick (1983)
17 Mass App 928, 456 NE2d 1151.

                       Mass. Ann. Laws ch. 66, @ 6 (1993)

@ 6. Custody of Departmental, etc., Records.

   Every department, board, commission or office of the
commonwealth or of a county, city or town, for which no clerk is
otherwise provided by law, shall designate some person as clerk,
who shall enter all its votes, orders and proceedings in books and
shall have the custody of such books, and the department, board,
commission or office shall designate an employee or employees to
have the custody of its other public records. Every sole officer in
charge of a department or office of the commonwealth or of a
county, city or town having public records in such department or
office shall have the custody thereof.

HISTORY: 1897, 439, @@ 2, 3; RL 35, @ 11.

NOTES: TEXTS--    Mottla, Proof of Cases in Massachusetts, @ 192

CASE NOTES    Under this section,
commissioner of city properly may keep in safe in his office copy
of papers relating to removal or suspension of subordinate in his
department.  Gardner v Lowell (1915) 221 Mass 150, 108 NE 937.
In an action for violation of order of commissioner of health,
record kept by his secretary was properly admitted in evidence.
Commonwealth v Collins (1926)  257 Mass 580, 154 NE 266.

Obvious
purport of section is to require that public record of proceedings
shall be kept and it must have been intended that record so kept
should constitute public record.  New England Box Co. v C & R.
Const. Co. (1943) 313 Mass 696, 49 NE2d 121, 150 ALR 152.
Provision of this section to effect that all votes, orders and
proceedings shall be entered is sweeping. It brings records of
metropolitan district water supply commission within definition
contained in @ 7, twenty-sixth, of ALM GL c 4.  New England Box Co.
v C & R. Const. Co. (1943) 313 Mass 696, 49 NE2d 121,  150 ALR 152.

  Transcript of testimony of witness before board is not public
record within meaning of this section.  1949 Op AG 13, 14.
Permits issued by Outdoor Advertising Authority are public records
because issued in accordance with some vote, order, or proceeding
of Authority because all "votes, orders and proceedings" of
Authority are public records under this section.  1955 Op AG 45.

                       Mass. Ann. Laws ch. 66, @ 7 (1993)

@ 7. Custody of Ancient and Certain Other Public Records.

   Every town clerk shall have the custody of all records of
proprietors of towns, townships, plantations or common lands, if
the towns, townships, plantations or common lands to which such
records relate, or the larger part thereof, are within his town and
the proprietors have ceased to be a body politic. The state
secretary, clerks of the county commissioners and city or town
clerks shall respectively have the custody of all other public
records of the commonwealth or of their respective counties, cities
or towns, if no other disposition of such records is made by law or
ordinance, and shall certify copies thereof.

HISTORY: 1783, 39, @ 9; RS 43, @ 17; 1851, 161, @@ 5, 8; GS 29, @@
11, 12; PS 37, @@ 14, 15; 1890, 227; 1892, 314, @ 3; 1897, 439, @
3; RL 35, @ 12.

 NOTES: TEXTS--    Mottla, Proof of Cases in Massachusetts, @ 192

                       Mass. Ann. Laws ch. 66, @ 8 (1993)

@ 8. Preservation of Certain Books, Papers and Records; Destruction
of Certain Original Instruments.

   Every original paper belonging to the files of the commonwealth
or of any county, city or town, bearing date earlier than the year
eighteen hundred and seventy, every book of registry or record,
except books which the supervisor of  public records determines may
be destroyed, every town warrant, every deed to the commonwealth or
to any county, city or town, every report of an agent, officer or
committee relative to bridges, public ways, sewers or other state,
county or municipal interests not required to be recorded in a book
and not so recorded, shall be preserved and safely kept; and every
other paper belonging to such files shall be kept for seven years
after the latest original entry therein or thereon, unless
otherwise provided by law or unless such records are included in
disposal schedules approved by the records conservation board for
state records or by the supervisor of public records for county,
city, or town records; and no such paper shall be destroyed without
the written approval of the supervisor of records. Notwithstanding
the foregoing, the register of deeds  in any county may, without
such written approval, destroy any papers pertaining  to
attachments or to the dissolution or discharge thereof in the files
of his office following the expiration of twenty years after the
latest original entry  therein or thereon, unless otherwise
specifically provided by law, and he may destory all original
instruments left for record and not called for within five  years
after the recording thereof.

HISTORY: 1894, 356, @@ 1, 2; 1897, 439, @ 4; RL 35, @ 14; 1918,
247, @ 167; 1919, 5; 1920, 2; 1943, 128; 1949, 395, @ 2; 1962, 427,
@ 3; 1974, 141.

 NOTES: EDITORIAL NOTE--    The 1949 amendment affected the last
sentence by inserting provisions authorizing the destruction of
certain original instruments. The 1962 amendment affected only the
first sentence of the section, changing  the year in line 3 from
1800 to 1870, struck out "or matters," and inserted the  provision
relative to records included in disposal schedules.    The 1974
amendment rewrote the first sentence to insert an exception for
books which the supervisor of public records determines may be
destroyed.

TOTAL CLIENT SERVICE LIBRARY REFERENCES--
66 Am Jur 2d, Records and Recording Laws @@ 10, 11.

TEXTS--    Mottla, Proof of Cases in Massachusetts, @ 192

CASE NOTES    This section,
requiring preservation of certain town documents for seven years
only, does not apply to warrants for holding of town meetings. Such
warrants should be permanently preserved.  1 Op AG 325.

                      Mass. Ann. Laws ch. 66, @ 8A (1993)

@ 8A. Destruction of Certain Records by City, etc., Clerks.

   Any provision of general or special law to the contrary
notwithstanding, the  clerk of any city or town, with the written
approval of the supervisor of records, may destroy any index of
instruments made by any clerk of such city or  town under the
provision of law now embodied in section fifteen of chapter
forty-one or any original record made by any such clerk under any
of the provisions of law now embodied in section eleven of chapter
two hundred and nine, section three of chapter two hundred and
fifty-five, or any similar statute; provided, that such index or
record, as the case may be, has been, or shall have been,
micro-photographed, and that twenty years has, or shall have
expired after the making of such index or record. The
micro-photograph of any index or record so destroyed shall have the
same force and effect as the original index or record from which
such micro-photograph was made.

HISTORY: 1951, 56.

 NOTES: TOTAL CLIENT SERVICE LIBRARY REFERENCES--    66 Am Jur 2d,
Records and Recording Laws @@ 10, 11.

                       Mass. Ann. Laws ch. 66, @ 9 (1993)

@ 9. Preservation and Copying of Worn, etc., Records.

   Every person having custody of any public record books of the
commonwealth, or of a county, city or town shall, at its expense,
cause them to be properly and substantially bound. He shall have
any such books, which may have been left  incomplete, made up and
completed from the files and usual memoranda, so far as
practicable. He shall cause fair and legible copies to be
seasonably made of any books which are worn, mutilated or are
becoming illegible, and cause them to be  repaired, rebound or
renovated. He may cause any such books to be placed in the custody
of the supervisor of records, who may have them repaired, renovated
or rebound at the expense of the commonwealth, county, city or town
to which they belong. Whoever causes such books to be so completed
or copied shall attest them, and shall certify, on oath, that they
have been made from such files and memoranda or are copies of the
original books. Such books shall then have the force of the
original records.

HISTORY: 1851, 161, @@ 2, 6; 1857, 84, @@ 1, 2; GS 29, @@ 2, 7, 8;
PS 37, @@ 2,  7, 8; 1897, 439, @@ 6, 8; RL 35, @ 16; 1913, 485, @ 3.

 NOTES: TOTAL CLIENT SERVICE LIBRARY REFERENCES--
 30 Am Jur 2d,Evidence @ 962.

CASE NOTES    ALM GL c 66, @@ 9,
11, 12 each provides a means for protection of public records, but
they do not purport to cover this subject completely or
exclusively, or preclude supervisor of public records from adopting
other measures which may be deemed reasonably necessary for
protection of records for  promotion of public welfare.  Bristol
County v Secretary of Commonwealth (1949)  324 Mass 403, 86 NE2d
911.
  This section makes duty of custodian imperative, whether
appropriation is made by county, city or town, or not, and even if
no such appropriation be made. 1 Op AG 484.

On failure to
perform duty described by this section custodian is punishable
under the provisions of @ 15.  1 Op AG 484.
  Liability of county,
city or town for expense incurred does not arise from any act of
corporation itself, but exists by virtue of statutory provision.
1 Op AG 484.

                      Mass. Ann. Laws ch. 66, @ 10 (1993)

@ 10. Records Open for Public Inspection.

   (a) Every person having custody of any public record, as defined
in clause Twenty-sixth of section seven of chapter four, shall, at
reasonable times and without unreasonable delay, permit it, or any
segregable portion of a record which is an independent public
record, to be inspected and examined by any person, under his
supervision, and shall furnish one copy thereof upon payment of a
reasonable fee. Every person for whom a search of public records is
made shall, at the direction of the person having custody of such
records, pay the actual expense of such search. The following fees
shall apply to any public record in the custody of the state
police, the Massachusetts bay transportation  authority police or
any municipal police department or fire department: for preparing
and mailing a motor vehicle accident report, five dollars for not
more than six pages and fifty cents for each additional page; for
preparing and mailing a fire insurance report, five dollars for not
more than six pages plus fifty cents for each additional page; for
preparing and mailing crime, incident  or miscellaneous reports,
one dollar per page; for furnishing any public record, in hand, to
a person requesting such records, fifty cents per page. A page
shall be defined as one side of an eight and one-half inch by
eleven inch sheet of paper.

   (b) A custodian of a public record shall, within ten days
following receipt of a request for inspection or copy of a public
record, comply with such request. Such request may be delivered in
hand to the office of the custodian or mailed via first class mail.
If the custodian refuses or fails to comply with such a request,
the person making the request may petition the supervisor of
records for a determination whether the record requested is public.
Upon the determination by the supervisor of records that the record
is public, he shall order the custodian of the public record to
comply with the person's request. If the custodian refuses or fails
to comply with any such order, the supervisor of  records may
notify the attorney general or the appropriate district attorney
thereof who may take whatever measures he deems necessary to insure
compliance with the provisions of this section. The administrative
remedy provided by this  section shall in no way limit the
availability of the administrative remedies provided by the
commissioner of administration and finance with respect to any
officer or employee of any agency, executive office, department or
board; nor shall the administrative remedy provided by this section
in any way limit the availability of judicial remedies otherwise
available to any person requesting a public record. If a custodian
of a public record refuses or fails to comply with the request of
any person for inspection or copy of a public record or with an
administrative order under this section, the supreme judicial or
superior court  shall have jurisdiction to order compliance.

   (c) In any court proceeding pursuant to paragraph (b) there
shall be a presumption that the record sought is public, and the
burden shall be upon the custodian to prove with specificty the
exemption which applies.

   (d) 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. The
commissioner of public safety and his agents, servants, and
attorneys including the keeper of the records of the firearms
records bureau of said department, or any licensing authority, as
defined by chapter one hundred and forty shall not disclose any
records divulging or tending to divulge the names and addresses of
persons who own or possess firearms, rifles, shotguns, machine
guns and ammunition therefor, as defined in said chapter one
hundred and forty and names and addresses of persons licensed to
carry and/or possess the same to  any person, firm, corporation,
entity or agency except criminal justice agencies as defined in
chapter six and except to the extent such information relates
solely to the person making the request and is necessary to the
official interests of the entity making the request.

HISTORY: 1851, 161, @ 4; 1857, 84, @ 3; GS 29, @ 10; PS 37, @ 13;
1897, 439, @ 7; RL 35, @ 17; 1948, 550, @ 5; 1973, 1050, @ 3; 1976,
438, @ 2; 1978, 294; 1982, 189, @ 1; 1982, 477; 1983, 15.
Amended by 1991, 412, @ 55, approved Dec 27, 1991, by @ 139,
effective July 1, 1992; 1992, 286, @ 146, approved, with emergency
preamble, Dec 23, 1992.

 NOTES: EDITORIAL NOTE--    The 1948 amendment inserted the
provisions in paragraph (a) as to fees.    The 1973 amendment
rewrote this section; paragraph (a) is the former section with
changes; paragraphs (b) and (c) are new.

The 1976 amendment
rewrote paragraph (b) to provide an administrative remedy  for
obtaining copies of public records.

The 1978 amendment rewrote
paragraph (a) , providing for inspection of any segregable portion
of a record which is an independent public record.

The first
1982 amendment added a paragraph which limits the disclosure of
names and addresses of persons who own or possess firearms or other
weapons and  ammunition.    The second 1982 amendment added a
sentence at the end of paragraph (a) establishing fees to be
charged for furnishing certain public records.

The 1983
amendment added paragraph (d) , concerning the posting, in city and
town halls, of a brief printed statement concerning the
availability of copies of certain public records.    The 1991
amendment, in subsection (a) , substituted "the Massachusetts bay
transportation authority police" for "capitol police, the
Massachusetts Bay Transportation Authority police, the metropolitan
district commission police".

The 1992 amendment, in the third
sentence of subsection (a) , after the words "the state police,
the" deleted "the".

CROSS REFERENCES--    Posting of fee
schedules, ALM GL c 262 @ 46.    Entitlement of veterans to free
copies in certain instances, ALM GL c 262 @ 46A.    Applicability
of section to Massachusetts Wholesale Electric Company, ALM Spec L
13:19(a) .    Applicability of section to Boston Water and Sewer
Commission, ALM Spec L 17:3.

FEDERAL ASPECTS--    Freedom of information, 5 USCS @@ 552--552b.

CODE OF MASSACHUSETTS REGULATIONS--
Rate setting bureau of administrative services,
114.5 CMR 2.01 through 4.04.

Pesticide Board: Freedom of
information; protection of trade secrets, 333 CMR 6.01 et seq.
Public records access regulations, 950 CMR 32.00.

Energy
Facilities Siting Council: Freedom of information and protection of
trade secrets, 980 CMR 4.01 et seq.

TOTAL CLIENT SERVICE LIBRARY
REFERENCES--    Mass Jur, Personal Injury and Torts @@ 17:18,
17:26.    66 Am Jur 2d, Records and Recording Laws @@ 12--31.    21
Am Jur Pl & Pr Forms (Rev) , Records and Recording Laws, Forms
1--3.    28 Am Jur Trials 1, Housing Discrimination Litigation.

ANNOTATIONS--    Court's power to determine, upon government's
claim of privilege, whether official information contains state
secrets or other matters disclosure of which is against public
interest. 32 ALR2d 391.

Right to inspect motor vehicle records.
84 ALR2d 1261.

Payroll records of individual government
employees as subject to disclosure to public. 100 ALR3d 699.
What constitutes preliminary drafts or notes provided by or for
state or local governmental agency, or intra-agency memorandums,
exempt form disclosure or inspection under state freedom of
information acts. 26 ALR4th 639.

What constitutes personal
matters exempt from disclosure by invasion of privacy exemption
under state freedom of information act. 26 ALR4th 666.    Patient's
right to disclosure of his or her own medical records under state
freedom of information act. 26 ALR4th 701.    What are "records" of
agency which must be made available under state freedom of
information act. 27 ALR4th 680.

What constitutes legitimate
research justifying inspection of state or local  public records
not open to inspection by general public. 40 ALR4th 333.    What
are interagency or intraagency memorandums or letters exempt from
disclosure under the Freedom of Information Act (5 USCS @ 552(b)
(5) ) .  7 ALR  Fed 855. Scope of judicial review under Freedom of
Information Act (5 USCS @ 552(a) (3) ) , of administrative agency's
withholding of records. 7 ALR Fed 876.

What constitutes
investigatory files exempt from disclosure under Freedom of
Information Act (5 USCS @ 552(b) (7) ) . 17 ALR Fed 522.    What
are administrative staff manuals and instructions to staff that
affect a member of the public that must be disclosed under the
Freedom of Information Act (5 USCS @ 552(a) (2) (C) ) . 22 ALR Fed
325.

What are matters "related solely to the internal personnel
rules and practices of an agency" exempted from disclosure under
Freedom of Information Act (5 USCS @ 552(b) (2) ) . 28 ALR Fed 645.

  What matters are exempt from disclosure under Freedom of
Information Act (5 USCS @ 552(b) (1) ) as "specifically authorized
under criteria established by an Executive order to be kept secret
in the interest of national defense or foreign policy." 29 ALR Fed
606.

  Freedom of Information Act exemption (5 USCS @ 552(b) (5))
  for inter-agency  and intra-agency memorandums or letters as
applicable to communications to or from attorneys for the
government. 54 ALR Fed 280.

What constitutes "confidential
source" within Freedom of Information Act exemption permitting
nondisclosure of identity of confidential source and, in specified
instances, of confidential information furnished only by
confidential  source (5 USCS @ 522(b) (7) (D) ) . 59 ALR Fed 550.

  Who has standing to seek access to agency information under
Freedom of Information Act. 82 ALR Fed 248.   FORM    See forms in
printed version.

 CASE NOTES  1. In general
 2. Records subject to disclosure--in general
 3. -Police records  4. -Government records
 5. -Tax records  6. -Accident reports
 7.-Insurance records  8. -Administrative records  9. -Building plans
 10. -Stockholder lists 11. Persons entitled to disclosure
 12.Effect of motive or intended use 13. Right to copies of records
 14.Exemptions--in general 15. -Medical records 16. -Court records
 17.-Government records 18. -Police records 19. -Administrative records

 1. In general    Neither this section nor ALM GL c 90, @ 30 limits
extent of inspection, and court will not qualify broad and plain
language of legislature by importing into statute conditions and
limitations which are not expressed and which are not necessary in
order to give effect to its main purpose. Both statutes give right
of inspection to "any person." Neither statute suggests that
inspection must be  sought for one purpose rather than for another.
Direct-Mail Service, Inc. v Registrar of Motor Vehicles (1937) 296
Mass 353, 5 NE2d 545, 108 ALR 1391.

Line cannot be drawn short
of allowing inspection in proper time and manner of all records, if
inspection of all is desired. Nor can right to inspect records be
confined to certain selected entries.  Direct-Mail Service, Inc. v
Registrar of Motor Vehicles (1937) 296 Mass 353, 5 NE2d 545, 108
ALR 1391.

Right of inspection may be enforced by mandamus.
Hurley v Board of Public Welfare (1941) 310 Mass 285, 37 NE2d 993.

  Case remanded for hearing on merits as to whether records of
long-distance telephone calls placed from or charged to office of
Mayor of Boston must be disclosed.  Atty. Gen. v Assistant Comr. of
Real Property Dept. (1980) 380 Mass  623, 404 NE2d 1254. Although
school records are not subject to public disclosure, there is no
privilege which prevents introduction of relevant school records in
evidence at  a trial.  Commonwealth v Beauchemin (1991) 410 Mass
181, 571 NE2d 395.

Arbitrator was without authority, in
connection with contractual dispute between municipal electric
plant and Massachusetts Municipal Wholesale Electric  Co., a
political subdivision of Commonwealth, to determine scope of public
record statute and to issue subpoena for report prepared by MMWEC's
special counsel, absent decision by supervisor of public records
delineating what documents among requested report were privileged
or exempted from public record. Hull Municipal Lighting Plant v
Massachusetts Municipal Wholesale Electric Co. (1993) 414 Mass 609,
609 NE2d 460.

If custodian of record fails or refuses to comply
with discovery request, petition may be addressed to supervisor of
public records who decides whether documents are within statute,
and if order of supervisor is not complied with, Attorney General
or district attorney may take measures to ensure compliance. Hull
Municipal Lighting Plant v Massachusetts Municipal Wholesale
Electric Co. (1993) 414 Mass 609, 609 NE2d 460.

On request
public records are subject to mandatory disclosure.  Hull Municipal
Lighting Plant v Massachusetts Municipal Wholesale Electric Co.
(1993) 414 Mass 609, 609 NE2d 460.

Annual returns to Highway
Commission made by companies engaged in transmission of
intelligence by electricity within Commonwealth were public records
to extent that they were open to inspection of public.  3 Op AG
122.

Registrar of Motor Vehicles may make available as public
records all records  of suspensions and revocations of licenses or
registrations in computer processible form to members of insurance
industry, and such members may use computer terminals to inquire
directly into registry's computer.  1970--1971 Op  AG, No 7.   2.
Records subject to disclosure--in general    Under former RL c 35,
@ 17, from which present section derives, it was held that
assessor's plan showing particular lot in connection with all
neighboring lands afforded definite and apt description and was
open to public inspection at reasonable times under rational
limitations.  Larsen v Dillenschneider (1920) 235 Mass 56, 126 NE
363.

In camera inspection of documents by judge is not required.
Bougas v Chief of Police (1976) 371 Mass 59, 354 NE2d 872.    1978
amendment (St. 1978 ch. 294) to ALM GL c 66 @ 10(a) made clear that
there is right of access to any nonexempt "segregable portion" of
public record. Reinstein v Police Comr. of Boston (1979) 378 Mass
281, 391 NE2d 881, 5 Media L  R 1875.

Information which does not
permit identification of any individual is not exempt from
disclosure under ALM GL c 4 @ 7, cl. 26(c) .  Globe Newspaper Co.
v  Boston Retirement Bd. (1983) 388 Mass 427, 446 NE2d 1051, 9
Media L R 2309. ALM GL c 66 @ 10 required disclosure to labor union
of name, job classifications, and home address of each employee of
school system, since disclosures would not invade employees'
privacy.  Pottle v School Committee of Braintree (1985) 395 Mass
861, 482 NE2d 813, 12 Media L R 1336.

In camera review of
records is not statutorily required, but it is not prohibited.
Puleio v District Attorney for Eastern Dist. (1987) 399 Mass 1004,
504 NE2d 354.

School committee's employee attendance and
absentee records were public records and were subject to mandatory
disclosure, since such records were not "of a personal nature."
Brogan v School Committee of Westport (1987) 401 Mass 306, 516 NE2d
159.

Supervisor of public records would have no authority to
order disclosure of records where statute mandates nondisclosure.
General Chemical Corp. v Department of Environmental Quality
Engineering (1985) 19 Mass App 287, 474 NE2d 183, review den 394
Mass 1103, 477 NE2d 595.

Petition of ten registered voters for
investigation by Commissioners of Civil Service into matter
specified in petition is public record.  1952 Op AG 39.
Information contained in license and teacher applications for
private trade and business schools falls within scope of "received
for filing" clause of ALM GL c 4, @ 7(26) and is therefore matter
of public record; accordingly, under ALM GL c 66, @ 10, such
information must be released to press upon request. 1973--1974 Op
AG, No. 28. Civil Service Commission has no discretion to withhold
highly sensitive and embarrassing material from public in
connection with hearings held pursuant to former ALM GL c 31 @ 43
and @ 46A (now @@ 41, 42) .  1976--1977 Op Atty Gen, No. 33.   3.

-Police records    Criminal Offender Record Information in police
firearms discharge reports may be deleted or separated for purposes
of allowing public access to reports. Reinstein v Police Comr. of
Boston (1979) 378 Mass 281, 391 NE2d 881, 5 Media L  R 1875.
Television station had no right of access to tape-recorded witness
statement  in case under investigation by grand jury.  WBZ-TV4 v
District Attorney for Suffolk Dist. (1990) 408 Mass 595, 562 NE2d
817.

4. -Government records    File card kept by State Board of
Health indicating that test of sputum sample was tuberculous was
not public record where it appeared that examinations and records
of this sort were voluntary activities of State Board without
legislative requirement.  Fondi v Boston Mut. Life Ins. Co. (1916)
224 Mass 6, 112 NE 612.

Records of board of public welfare of
persons supported and relieved and of travelers and vagrants lodged
at expense of city are "public records" of which resident taxpayer
has right to examine at reasonable times and to copy.  Hurley  v
Board of Public Welfare (1941) 310 Mass 285, 37 NE2d 993.    "Field
cards" made by private firm under contract with city and used in
reassessing valuation of private residence for taxation purposes
were public records.  Atty. Gen. v Board of Assessors (1978) 375
Mass 430, 378 NE2d 45.

Health officer of city of Chelsea
required to give access to public records consisting of complaints
and information relating to housing code violations found within
previous 2 years to exist on 30 properties.  Cunningham v Health
Officer of Chelsea (1979) 7 Mass App 861, 385 NE2d 1011.    Monthly
pension warrant of State Board of Retirement is public record
within  this section.  1956 Op AG 77.

5. -Tax records    Records
of abatements of taxes required by c 59, @ 60 to be kept by
assessors are "public records as defined by c 4, @ 7, twenty-sixth,
and subject to the provisions of this section." Hobart v
Commissioner of Corps. & Taxation (1942) 311 Mass 341, 41 NE2d 38.

  Disclosure of lists of tax delinquents does not constitute
invasion of personal privacy.  Atty. Gen. v Collector of Lynn
(1979) 377 Mass 151, 385 NE2d  505, 4 Media L R 2563.

Public
availability of tax lien information reduces owner's expectation of
privacy in nondisclosure of lists of tax delinquents. Atty. Gen.
v Collector of Lynn (1979) 377 Mass 151, 385 NE2d 505, 4 Media L R
2563.    ALM GL c 60 @ 8 does not exempt tax records from
definition of public records.  Atty. Gen. v Collector of Lynn
(1979) 377 Mass 151, 385 NE2d 505, 4 Media L R 2563.    Records of
tax delinquents are public records open to inspection.  Atty. Gen.
v Collector of Lynn (1979) 377 Mass 151, 385 NE2d 505, 4 Media L R
2563.    Lists of real estate tax delinquents are public records as
defined by ALM GL  c 4 @ 7 Twenty-Sixth and must be open to
inspection pursuant to ALM GL c 66 @ 10.  Atty. Gen. v Collector of
Lynn (1979) 377 Mass 151, 385 NE2d 505, 4 Media L R 2563.    Only
those tax records relating to ALM GL c 121A corporation submitted
after  effective date of St. 1975, ch. 827 are public records.
Finance Com. of Boston  v Commissioner of Review (1981) 383 Mass
63, 417 NE2d 945.

6. -Accident reports    Accident reports filed
under ALM GL c 90, @ 26 are public records within meaning of ALM GL
c 4, @ 7, Twenty-sixth, because they are reports which registrar is
required to receive for filing, and as such they are, by virtue of
ALM GL c 66, @ 10, open to public inspection, and this is so even
though there is no specific provision that they be open to public
inspection as there is in @@ 27 and 30 of ALM GL c 90. This
conclusion is supported by considerations of public policy and of
usefulness of such reports to persons involved in accidents.  Lord
v Registrar of Motor Vehicles (1964) 347 Mass 608, 199 NE2d 316.

7. -Insurance records    Annual statement of insurance company
filed in office of commissioner pursuant to statute is public
record.  2 Op AG 381.    Written notice of cancellation of motor
vehicle liability policy is report that registrar is required to
receive for filing and is therefore open to public inspection under
ALM GL c 66, @ 10.  1967--1968 Op AG 126.

8. -Administrative records

Payroll records of municipal employees, including
records of disbursements to police for off-duty work, are subject
to disclosure under ALM GL c 66 @ 10. Hastings & Sons Pub. Co. v
City Treasurer of Lynn (1978) 374 Mass 812, 375 NE2d  299, 100
ALR3d 689.    Payroll records of police officers were not exempted
from Public Records Act  as data constituting invasion of privacy
of named individuals.  Hastings & Sons  Pub. Co. v City Treasurer
of Lynn (1978) 374 Mass 812, 375 NE2d 299, 100 ALR3d 689.    List
of applicants for position of superintendent of schools was "public
record" as defined in ALM GL c @ 7, Twenty-Sixth, and was not
exempt on ground that disclosure of some names would result in
invasion of personal privacy. Atty. Gen.  v School Committee of
Northampton (1978) 375 Mass 127, 375 NE2d 1188.    Determination of
Department of Environmental Quality Engineering that hazardous
waste facility's records did not contain trade secrets and were
public records which could be disclosed was final decision of
agency in "adjudicatory proceeding," and was subject to judicial
review in Superior Court.  General Chemical Corp. v Department of
Environmental Quality Engineering (1985) 19 Mass  App 287, 474 NE2d
183, review den 394 Mass 1103, 477 NE2d 595.    Records of formal
votes of Department of Public Works in connection with land
takings, as well as records of votes of department in approving
payment of claims for damages and fixing amount to be paid, are
public records and are open to inspection, but materials collected
by department to aid in administration of its duties and which are
not specifically required by statute to be filed, are not public
records, and are not open to public inspection.  1960--1961 Op AG
56.

Data compiled and maintained by various boards of
registration are public records and must be made available for
public inspection upon request pursuant to ALM GL c 66, @ 10(a) ;
as to manner of disclosure, boards, at a minimum, must prepare such
lists as are required by statute and permit inspection of any
additional public records in their possession.  1976/1977 Op AG,No. 32.

9. -Building plans

Where architect's plans are filed
with town building department as prerequisite to obtaining building
permit, while plans are, under the instant section open to public
inspection and subject to be copied for purposes reasonably related
to filing requirement, such as to determine whether building
constructed in accordance with plans will comply with zoning and
safety laws, they may not be copied and used in such manner as will
result in impairment of architect's common-law copyright and
property in plans, such as in construction  of building by third
person in accordance with plans.  Edgar H. Wood Associates, Inc. v
Skene (1964) 347 Mass 351, 197 NE2d 886, 141 USPQ 454.    In view
of definition of public records contained in ALM GL c 4, @ 7,
Twenty-sixth, so as to include "any written or printed. . . paper,
which any. .  . employee of. . . a. . . town has received. . . for
filing. . .", architect's plans required to be filed with town
building department as prerequisite to issuance of building permit
are public records within meaning of ALM GL c 66, @  10.  Edgar H.
Wood Associates, Inc. v Skene (1964) 347 Mass 351, 197 NE2d 886,
141 USPQ 454.

10. -Stockholder lists
Stockholder lists
compiled by Board of Bank Incorporation pursuant to ALM GL  c 172,
@ 10 are public records as defined in ALM GL c 4, @ 7(26) , and are
open  to public inspection pursuant to ALM GL c 66, @ 10.
1970--1971 Op AG, No 45.

11. Persons entitled to disclosure
Pending criminal charges against persons requesting disclosure
under ALM GL c. 66, @ 10 neither supports nor detracts from case
for disclosure.  Bougas v Chief of Police (1976) 371 Mass 59, 354
NE2d 872.    There is no standing requirement as to persons seeking
disclosure under ALM GL c 66, @ 10.  Bougas v Chief of Police
(1976) 371 Mass 59, 354 NE2d 872.    ALM GL c 66 @ 10 requires no
"standing" and furnishes no basis for discriminating among
categories of persons seeking access to information pertaining to
public records.  Cunningham v Health Officer of Chelsea (1979) 7
Mass App 861, 385 NE2d 1011.    ALM GL c 6, @@ 167 through 178
inclusive, in conjunction with ALM GL c 4, @ 7, and ALM GL c 66, @
10, as amended, prohibit registry of motor vehicles from
disseminating in any manner criminal offender record information as
defined in ALM GL c 6, @ 167 to parties not certified by criminal
history systems board pursuant to ALM GL c 6, @ 172.  1974--1975 Op
AG, No. 28.

12. Effect of motive or intended use
Custodian of
records has no power to inquire of applicants as to use which they
intend to make of information to be obtained or motives which
prompted them in seeking it.  Direct-Mail Service, Inc. v Registrar
of Motor Vehicles (1937) 296 Mass 353, 5 NE2d 545, 108 ALR 1391.

13. Right to copies of records
Right to inspect commonly carries
with it right to make copies without which  right to inspect would
be practically valueless.  Direct-Mail Service, Inc. v Registrar of
Motor Vehicles (1937) 296 Mass 353, 5 NE2d 545, 108 ALR 1391,
citing Varney v Baker (1907) 194 Mass 239, 80 NE 524; Powelson v
Tennessee Eastern Electric Co. (1915) 220 Mass 380, 107 NE 997;
Shea v Parker (1920) 234 Mass 592, 126 NE 47.    Right of applicant
to copy great mass of records may be circumscribed by physical
limitations which are unavoidable if right itself is to be
preserved both for applicant and for others.  Direct-Mail Service,
Inc. v Registrar of Motor Vehicles (1937) 296 Mass 353, 5 NE2d 545,
108 ALR 1391.
  Right to copy records insures that no one person
can take possession of registry or monopolize record books so as to
interfere unduly with work of office or with exercise of equal
rights by others, and applicant must submit to  such reasonable
supervision on part of custodian as will guard safety of records
and secure equal opportunity for all.  Direct-Mail Service, Inc. v
Registrar of  Motor Vehicles (1937) 296 Mass 353, 5 NE2d 545, 108
ALR 1391.
   State secretary may lawfully permit private company to
microfilm records on file in office of state secretary in return
for copy of such microfilm to be supplied by company at cost not
including labor, and such arrangement is subject to competitive
bidding under ALM GL c 7, @ 22.  1974--1975 Op AG, No. 63.   14.
Exemptions--in general Records of transactions of pawnbroker
required by ALM GL c 140, @ 79 are not  public records to which all
persons may have access and of which they are entitled to be
furnished with copies under this section.  Round v O'Meara (1908)
197 Mass 218, 83 NE 412.
   Burden is on custodian of record to
prove with specificity that exemption from definition of public
record applies.  Atty. Gen. v School Committee of Northampton
(1978) 375 Mass 127, 375 NE2d 1188.    Records as to which privacy
exemption may apply need not be withheld in entirety if certain
parts can be deleted.  Reinstein v Police Comr. of Boston (1979)
378 Mass 281, 391 NE2d 881, 5 Media L R 1875.    Burden of
persuasion is on custodian of public record to demonstrate that
records sought come within some specific statutory exemption to
general rule of  public disclosure.  Atty. Gen. v Assistant Comr.
of Real Property Dept. (1980) 380 Mass 623, 404 NE2d 1254.
Medical and personnel files or information are absolutely exempt
from public  disclosure, where files or information are of personal
nature and relate to particular individual.  Globe Newspaper Co. v
Boston Retirement Bd. (1983) 388 Mass 427, 446 NE2d 1051, 9 Media
L R 2309.
   Under public records law, burden is placed on agency
seeking to withhold information to prove that one of exemptions in
definition of "public records" applies.  Torres v Atty. Gen. (1984)
391 Mass 1, 460 NE2d 1032.    Statutory exemptions to public
records act are strictly construed, and custodian of document has
burden of proving that requested document is not within purview of
public record.  Hull Municipal Lighting Plant v Massachusetts
Municipal Wholesale Electric Co. (1993) 414 Mass 609, 609 NE2d 460.
  Disclosure of written evaluations made by students of performance
of faculty  at University of Massachusetts in Amherst could not be
compelled under public records law, because evaluations were exempt
as personnel information.  Connolly v Bromery (1983) 15 Mass App
661, 447 NE2d 1265.
   Responses to inquiries into qualifications
of nominees for city offices are not public records.  3 Op AG 351.
  Motor vehicle accident reports filed by operator held not to be
public records open to public inspection under this section.  6 Op
AG 548.
   15. -Medical records    Fact that in specific statutes
Legislature made certain medical information confidential does not
mean that medical files or information was not exempt from public
disclosure under public records statute.  Globe Newspaper Co. v
Boston Retirement Bd. (1983) 388 Mass 427, 446 NE2d 1051, 9 Media
L R 2309.
  Reports of autopsies conducted by medical examiner
pursuant to ALM GL c 38 @  6 are "medical files and information"
and are exempt from disclosure under public records statute, ALM GL
c 4 @ 7, clause 26(c) .  Globe Newspaper Co. v Chief Medical
Examiner (1989) 404 Mass 132, 533 NE2d 1356, 16 Media L R 1796.

16.-Court records

It is within discretion of court to impound its
files in a case and to deny public inspection of them, and that is
often done when justice so requires. Sanford v Boston
Herald-Traveler Corp. (1945) 318 Mass 156, 61 NE2d 5.    Court
records are outside range of ALM GL c 66 @ 10.  Ottaway Newspapers,
Inc. v Appeals Court (1977) 372 Mass 539, 362 NE2d 1189.    Records
of General Court are not subject to public disclosure under ALM GL
c  66 @ 10.  Westinghouse Broadcasting Co. v Sergeant-At-Arms of
General Court (1978) 374 Mass 179, 375 NE2d 1205, 3 Media L R 2606.
  Public records statutes and Fair Information Practices Act do not
apply to court records.  New Bedford Standard-Times Publishing Co.
v Clerk of Third Dist. Court (1979) 377 Mass 404, 387 NE2d 110, 4
Media L R 2393.

17. -Government records
Detailed sheets of
long-distance telephone calls made by legislature were not received
by Comptroller but were records of legislature in possession of
Sergeant-At-Arms, and as such were not public records within
meaning of ALM GL c 4 @ 7 Twenty-Sixth; therefore, they are not
subject to public disclosure under ALM GL c 66 @ 10(a) .
Westinghouse Broadcasting Co. v Sergeant-At-Arms of General Court
(1978) 375 Mass 179, 375 NE2d 1205, 3 Media L R 2606.    ALM GL c
66 @ 10 requires public access to records and documents in
possession of public officials defined in ALM GL c 7 twenty-sixth;
however, there are 9 classes of records which are exempt from
mandatory public disclosure.  Globe Newspaper Co. v Boston
Retirement Bd. (1983) 388 Mass 427, 446 NE2d 1051, 9 Media L R
2309.

18. -Police records

The instant section was referred to,
in a criminal case where trial judge denied motions for access to
police reports, in connection with proposition that even if reports
constituted public records, other remedies existed. Commonwealth v
French (1970) 357 Mass 356, 259 NE2d 195, 46 ALR3d 1106.    Police
reports and citizens' letters to police concerning possible
criminal activity were investigatory efforts and were shielded from
public disclosure by  exemption in ALM GL c 4, @ 7 Twenty-Sixth (f).
Bougas v Chief of Police (1976) 371 Mass 59, 354 NE2d 872.
  Where plaintiff and District Attorney agreed to in camera
inspection of police records concerning plaintiff, plaintiff could
not later challenge review  as legally insufficient or argue that
documents claimed to be exempt from disclosure should have been
itemized and indexed.  Puleio v District Attorney for Eastern Dist.
(1987) 399 Mass 1004, 504 NE2d 354.    ALM GL c 4 @ 7, clause
Twenty-sixth(f) , does not provide blanket exemption for
investigatory materials assembled by police departments, but
district attorney has burden of showing existence of exemption
since there is presumption favoring disclosure.  WBZ-TV4 v District
Attorney for Suffolk Dist. (1990) 408 Mass 595, 562 NE2d 817.

19.-Administrative records

Reports, made by an employer to
industrial accident board as required by ALM  GL c 152, @ 19, are
not public records under this section.  Gerry v Worcester C. S. R.
Co. (1924) 248 Mass 559, 143 NE 694.    Commissioner of Banks was
exempted from disclosing to newspaper reports respecting removal of
bank officer.  Ottaway Newspapers, Inc. v Appeals Court (1977) 372
Mass 539, 362 NE2d 1189.

Exemption from disclosure under Public
Records Act for interagency or intra-agency documents applies only
while policy is being developed, i.e., while deliberative process
is ongoing and incomplete.  Babets v Secretary of Executive Office
of Human Services (1988) 403 Mass 230, 526 NE2d 1261.    Where
State Board of Health investigated dairies without special
legislative  authorization, reports of investigator and letters of
complaints were not public records open to inspection because they
were not required by law to be received  for filing.  3 Op AG 136.
  Transcript of testimony of witness before Board of Dental
Examiners is not such record as Board is required to furnish under
this section.  1949 Op AG 13,  14.    Information submitted to
Board of Registration of Professional Engineers from references of
applicants is not public record open to inspection under this
section.  1958 Op AG 41.
  Much information in Division of
Industrial Accidents' files on injured employees, including medical
and hospital reports and family data, is not subject to disclosure
as public record information because it is expressly held  on
confidential basis, ALM GL c 152, @ 30D, or because it is exempt
under privacy exemption of the Public Records Law, ALM GL c 4, @ 7,
cl.  26(c) . 1977/1978 Op AG, No. 9.    Since records to be kept
under proposed Management Information System of Division of
Alcoholism do not qualify as "public records" within meaning of ALM
GL c 4 @ 7(26) , Division of Alcoholism has no obligation to
disclose such records to members of public or other agencies
requesting them pursuant to ALM GL c 66 @ 10.  1978--1979 Op Atty
Gen No. 31.

                      Mass. Ann. Laws ch. 66, @ 11 (1993)

@ 11. Fireproof Vaults.

   Officers in charge of a state department, county commissioners,
city councils and selectmen shall, at the expense of the
commonwealth, county, city or town, respectively, provide and
maintain fireproof rooms, safes or vaults for the safe keeping of
the public records of their department, county, city or town, other
than the records in the custody of teachers of the public schools,
and shall furnish such rooms with fittings of non-combustible
materials only. HISTORY: 1811, 165; RS 14, @ 104; 1851, 161, @@ 1,
2; 1857, 97, @ 1; GS 29, @@ 3, 4; PS 37, @@ 3, 4; 1897, 439, @ 10;
RL 35, @ 18.

CASE NOTES
ALM GL c 66, @@ 9, 11, 12 provide means for protection of public records, but they do
not purport to cover this subject completely or exclusively, nor do
they preclude supervisor of public records from adopting other
measures which may be  deemed reasonably necessary for protection
of records for promotion of public welfare.  Bristol County v
Secretary of Commonwealth (1949) 324 Mass 403, 86 NE2d 911.    Duty
imposed upon selectmen by this section, to provide fire-proof
vaults for public records of town, is not conditioned upon action
or appropriation by town, and such officers may incur expense of
compliance with law, and city or town is  obliged to reimburse
them.  2 Op AG 48.

                      Mass. Ann. Laws ch. 66, @ 12 (1993)

@ 12. Arrangement of Records for Reference.

   All such records shall be kept in the rooms where they are
ordinarily used, and so arranged that they may be conveniently
examined and referred to. When not in use, they shall be kept in
the fireproof rooms, vaults or safes provided for  them.

HISTORY: 1897, 439, @ 9; RL 35, @ 19. CASE NOTES    ALM GL c 66, @@
9, 11, 12 provide means for protection of public records, but they
do not purport to cover this subject completely or exclusively, nor
do they preclude supervisor of public records from adopting other
measures which may be  deemed reasonably necessary for protection
of records for promotion of public welfare.  Bristol County v
Secretary of Commonwealth (1949) 324 Mass 403, 86 NE2d 911.

                      Mass. Ann. Laws ch. 66, @ 13 (1993)

@ 13. Custodian to Demand Records; Compliance, How Compelled.

   Whoever is entitled to the custody of public records shall
demand the same from any person having possession of them, who
shall forthwith deliver the same  to him. Upon complaint of any
public officer entitled to the custody of a public record, the
superior court shall have jurisdiction in equity to compel any
person unlawfully having such record in his possession to deliver
the same to the complainant. HISTORY: 1897, 439, @ 9; RL 35, @ 20;
1951, 200.

 NOTES: EDITORIAL NOTE--    The 1951 amendment added the last
sentence.

                      Mass. Ann. Laws ch. 66, @ 14 (1993)

@ 14. Surrender of Records by Retiring Officer.

   Whoever has custody of any public records shall, upon the
expiration of his term of office, employment or authority, deliver
over to his successor all such  records which he is not authorized
by law to retain, and shall make oath that he has so delivered
them, accordingly as they are the records of the commonwealth or of
a county, city or town, before the state secretary, the clerk of
the county commissioners or the city or town clerk, who shall,
respectively, make a  record of such oath. HISTORY: 1891, 340;
1897, 439, @ 11; RL 35, @ 21.

                      Mass. Ann. Laws ch. 66, @ 15 (1993)

@ 15. Penalties.

   Whoever unlawfully keeps in his possession any public record or
removes it from the room where it is usually kept, or alters,
defaces, mutilates or destroys any public record or violates any
provision of this chapter shall be punished by a fine of not less
than ten nor more than five hundred dollars, or by imprisonment for
not more than one year, or both. Any public officer who refuses or
neglects to perform any duty required of him by this chapter shall
for each month of such neglect or refusal be punished by a fine of
not more than twenty dollars.

HISTORY: 1851, 161, @@ 4, 5, 7, 8; 1857, 97, @ 2; GS 29, @ 13; PS
37, @ 16; 1890, 392; 1897, 439, @ 12; RL 35, @ 22; 1939, 40.

 NOTES: TOTAL CLIENT SERVICE LIBRARY REFERENCES--    66 Am Jur 2d,
Records and Recording Laws @ 11.   FORM    See forms in printed
version.

CASE NOTES
On failure to perform
duty described by @ 9, custodian is punishable under provisions of
@ 15.  1 Op AG 484.    Liability of county, city or town for
expense incurred does not arise from any act of corporation itself,
but exists by virtue of statutory provision.  1 Op AG 484.

                      Mass. Ann. Laws ch. 66, @ 16 (1993)

@ 16. Church Records; Fees; Jurisdiction of Superior Court.

   If a church, parish, religious society, monthly meeting of the
people called  Friends or Quakers, or any similar body of persons
who have associated themselves together for holding religious
meetings, shall cease for the term of  two years to hold such
meetings, the persons having the care of any records or registries
of such body, or of any officers thereof, shall deliver all such
records, except records essential to the control of any property or
trust funds  belonging to such body, to the custodian of a
depository provided by the state organization of the particular
denomination or to the clerk of the city or town  where such body
is situated and such clerk may certify copies thereof upon the
payment of the fee as as provided by clause (25) of section
thirty-four of chapter two hundred and sixty-two. If any such body,
the records or registries of which, or of any officers of which,
have been so delivered, shall resume meetings under its former name
or shall be legally incorporated, either alone or with a similar
body, the clerk of such city or town or the custodian of said
depository shall, upon written demand by a person duly authorized,
deliver such  records or registries to him if he shall in writing
certify that to the best of  his knowledge and belief said meetings
are to be continued or such incorporation has been legally
completed. The superior court shall have jurisdiction in equity to
enforce this section.

HISTORY: 1897, 439, @ 3; 1898, 453; RL 35, @ 13; 1948, 550, @ 6;
1970, 30.

 NOTES: EDITORIAL NOTE--    The 1948 amendment inserted the
provisions as to fees, and the words "city or.".    The 1970
amendment rewrote the section to provide that records may be
delivered either to a depository provided by the state organization
of the particular denomination or to the clerk of the city or town.
TEXTS--    Mottla, Proof of Cases in Massachusetts, @ 192

                      Mass. Ann. Laws ch. 66, @ 17 (1993)

@ 17. Records to be Placed in City or Town Where They Originally
Belonged, etc.; Penalty.

   Except as otherwise provided by law, all public records shall be
kept in the  custody of the person having the custody of similar
records in the county, city  or town to which they originally
belonged, and if not in his custody shall be demanded by him of the
person having possession thereof, and shall forthwith be  delivered
by such person to him. Whoever refuses or neglects to perform any
duty required of him by this section shall be punished by a fine of
not more than twenty dollars.

HISTORY: 1902, 311, @@ 2--4.

CASE NOTES    This section does not
apply to records of support or relief of poor and indigent persons
in general. Such records remain public records to which petitioner
has right of access.  Hurley v Board of Public Welfare (1941) 310
Mass 285, 37 NE2d 993.

                      Mass. Ann. Laws ch. 66, @ 17A (1993)

@ 17A. Records Relating to All Public Assistance.

   The records of the department of public welfare relative to all
public assistance, and the records of the commission for the blind
relative to aid to the blind, shall be public records; provided
that they shall be open to inspection only by public officials of
the commonwealth, which term shall include members of the general
court, representatives of the federal government  and those
responsible for the preparation of annual budgets for such public
assistance, the making of recommendations relative to such budgets,
or the approval or authorization of payments for such assistance,
or for any purposes directly connected with the administration of
such public assistance or with the administration of chapter one
hundred and eighteen F, including the use of said  records by the
department of public welfare in set-off debt collections under
chapter sixty-two D, and including the use of said records by the
department of  public welfare in concert with related wage reports
to ascertain or confirm any  fraud, abuse or improper payments to
an applicant for or recipient of public assistance; and provided,
further, that data from said records may be made available to
representatives of the department of education and local school
committees solely for the purpose of targeting school attendance
areas with the  largest concentrations of low income children
pursuant to 20 USC 2701 et seq. and that such access shall be
supervised by the department of welfare and the department of
education in accordance with an interagency agreement between said
departments that safeguards confidentiality; and provided, further,
that information relative to the record of an applicant for public
assistance or a recipient thereof may be disclosed to him or his
duly authorized agent. The commonwealth shall destroy public
assistance records ten years after the discontinuance of aid
granted under the provisions of chapters sixty-nine, one hundred
and seventeen, one hundred and eighteen, one hundred and eighteen
A, one hundred and eighteen D and one hundred and nineteen, in such
manner as the commissioner or director may prescribe. HISTORY:
1941, 630, @ 1; 1943, 169; 1945, 240, @ 1; 1946, 67; 1948, 202;
1948, 525; 1953, 342; 1956, 356; 1966, 535, @ 4; 1969, 885, @ 27;
1978, 367, @ 54C;; 1982, 581, @ 3; 1989, 653, @ 49, approved
January 4, 1990; by @ 246, effective upon passage.

 NOTES: EDITORIAL NOTE--    The 1945 amendment substituted "all
public assistance" for "old age assistance and aid to dependent
children.".    The 1946 amendment inserted "of the commonwealth"
after "officials".    The first 1948 amendment added at the end a
provision broadening the admissibility in evidence of records
referred to in the section. The second 1948 amendment struck out
this provision.    The 1953 amendment struck out "and
representatives of the federal government" and inserted in place
thereof the former "representatives of the federal government and
officers, boards or committees of cities and towns responsible for
the preparation of annual budgets for such public assistance, the
making of  recommendations relative to such budgets, or the
approval or authorization of payments for such assistance".    The
1956 amendment added at the end of this section a new sentence
authorizing the destruction of certain public assistance records.
  The 1966 amendment changed "department of education" to
"commission for the blind", changed "the director of the division
of the blind" to former "the commissioner for the blind", and
changed "commissioner or director" to "commissioners".    The 1969
amendment rewrote the section, striking all verbiage from the first
sentence following the former words "authorized agent", and
modifying the provisions of the second sentence with respect to the
destruction of records.    The 1978 amendment added to the first
sentence the provisions permitting use  of records by the
department of public welfare.    The 1982 amendment rewrote the
section, making a minor wording change, and adding language
relative to records used by the department of public welfare in
set-off debt collections under ALM GL c 62D.    The 1989 amendment,
in the first sentence, following the fourth appearance of
"assistance", inserted "or with the administration of chapter one
hundred and eighteen F", and following the fifth appearance of
"assistance", inserted the further proviso relative to the
availability of data from records representatives of the department
of education and local school committees for the purpose of
targeting certain school attendance areas relative to the
supervision of access.   TOTAL CLIENT SERVICE LIBRARY REFERENCES--
  Mass Jur, Criminal Law @ 40:10. ANNOTATIONS--    Court's power to
determine, upon government's claim of privilege whether official
information contains state secrets or other matters disclosure of
which is against public interest. 32 ALR2d 391.    What preliminary
data gathered by public departments or officials constitutes
"public records" within the right of access, inspection, and
copying by private  persons. 85 ALR2d 1105.    Confidentiality of
records as to recipients of public welfare. 54 ALR3d 768.

CASE NOTES

This section does not
apply to records of support or relief of poor and indigent persons
in general. Such records remain public records to which petitioner
has right of access.  Hurley v Board of Public Welfare (1941) 310
Mass 285, 37 NE2d 993.    Legislative intent is to prohibit any
disclosure of records that would violate federal statutes or
regulations, or reasonably cause improper risk of forfeiture of
federal grants to state and its subdivisions in aid of public
assistance.  Finance Committee of Falmouth v Falmouth Board of
Public Welfare (1941) 345 Mass 579, 188 NE2d 848.    uling by
department of public welfare that town finance committee may not
delegate its authority with respect to examination of records
relating to public assistance was invalid.  Finance Committee of
Falmouth v Falmouth Board of Public Welfare (1941) 345 Mass 579,
188 NE2d 848.
  Town finance committee in carrying out general
survey of town welfare department may employ consultants, without
violation of this section, so long as committee does not abdicate
its own power of judgment and recommendation. Finance Committee of
Falmouth v Falmouth Board of Public Welfare (1941) 345 Mass 579,
188 NE2d 848.
  This section permits boards, such as town finance
committees, to have access  to records relating to public
assistance only for purposes directly connected with administration
of such public assistance.  Finance Committee of Falmouth v
Falmouth Board of Public Welfare (1941) 345 Mass 579, 188 NE2d 848.
  This section prohibits any use of records relating to public
assistance for commercial or political purposes, particularly when
read with ALM GL c 121, @ 4A, and c 271, @ 43.  Finance Committee
of Falmouth v Falmouth Board of Public Welfare (1941) 345 Mass 579,
188 NE2d 848.
  This section did not preclude qualified
consultants employed by town finance  committee from examining case
records in custody of town board of public welfare where such
examination was intended for use in making recommendations for
annual budgets, and town finance committee had made sufficient
effort to ensure that such consultants would preserve confidential
character of case records.  Finance Committee of Falmouth v
Falmouth Board of Public Welfare (1941) 345 Mass 579, 188 NE2d 848.
  Enactment of this section was caused by 1939 Amendments of Social
Security Act, which provided that state plans for old age
assistance, aid to dependent children, and aid to the blind must
contain safeguards which restrict use or disclosure of information
concerning aid applicants and recipients to purposes directly
connected with the administration of such aid, but this section
must be read in light of so-called Jenner Amendment which provides
that no state shall be deprived of any grant-in-aid or other
payment to which it is otherwise entitled pursuant to Social
Security Act by reason of enactment or enforcement by state of any
legislation prescribing any conditions under which public access
may be had to records of disbursement of any such funds within
state, if such legislation prohibits use of any list or names
obtained through such access to records for commercial or political
purposes.  Finance Committee of Falmouth v Falmouth Board of Public
Welfare (1963) 345 Mass 579, 188 NE2d 848.    Liens for old age
assistance may be recorded and may be treated as public records
despite this section.  1956 Op AG 69.

                      Mass. Ann. Laws ch. 66, @ 17B (1993)

@ 17B.  [Repealed, 1973, 1050, @ 4.]

                      Mass. Ann. Laws ch. 66, @ 17C (1993)

@ 17C. Meetings of Governmental Bodies; Judicial Enforcement of
Procedures.

   Upon proof of failure of a governmental body as defined in
section eleven A of chapter thirty A, section nine F of chapter
thirty-four and section twenty-three A of chapter thirty-nine, or
by any member or officer thereof to carry out any of the provisions
prescribed by this chapter for maintaining public records, a
justice of the supreme judicial or the superior court sitting
within and for the county in which such governmental body acts or,
in the case of a governmental body of the commonwealth, sitting
within and for any county, shall issue an appropriate order
requiring such governmental body or member or officer thereof to
carry out the provisions of this chapter. Such order may be sought
by complaint of three or more registered voters, by the attorney
general, or by the district attorney for the county in which the
governmental body acts.  The order of notice on the complaint shall
be returnable no later than ten days  after the filing thereof and
the complaint shall be heard and determined on the  return day or
on such day thereafter as the court shall fix, having regard to the
speediest possible determination of the cause consistent with the
rights of  the parties; provided, however, that orders with respect
to any of the matters referred to in this section may be issued at
any time on or after the filing of  the complaint without notice
when such order is necessary to fulfill the purposes of this
section. In the hearing of any such complaint the burden shall  be
on the respondent to show by a preponderance of the evidence that
the actions complained of in such complaint were in accordance with
and authorized by section eleven B of chapter thirty A, by section
nine G of chapter thirty-four or by section twenty-three B of
chapter thirty-nine. All processes may be issued from the clerk's
office in the county in which the action is brought and, except as
aforesaid, shall be returnable as the court orders.

   Any such order may also, when appropriate, require the records
of any such meeting of a governmental body to be made a public
record unless it shall have been determined by such justice that
the maintenance of secrecy with respect to such records is
authorized by section eleven B of chapter thirty A, by section nine
G of chapter thirty-four or by section twenty-three B of chapter
thirty-nine. The remedy created hereby is not exclusive, but shall
be in addition to every other available remedy.

HISTORY: 1975, 303, @ 4; 1976, 397, @ 7.

 NOTES: EDITORIAL NOTE--    Acts 1975 ch. 303, @ 4, added this
section pursuant to a general statutory scheme to provide a uniform
procedure for meetings of governmental bodies at all levels of
government.    The 1976 amendment referred to the district attorney
for the county (rather than the district) in which the governmental
body acts and substituted the term  "complaint" for the term
"petition".
FEDERAL ASPECTS--    Freedom of information, 5 USCS
@@ 552--552b.

ANNOTATIONS--    Validity, construction, and
application of statutes making public proceedings open to the
public. 38 ALR3d 1070. What are interagency or intraagency
memorandums or letters exempt from disclosure under the Freedom of
Information Act (5 USCS @ 552(b) (5) ) .  7 ALR  Fed 855.    Scope
of judicial review under Freedom of Information Act (5 USCS @
552(a) (3) ) , of administrative agency's withholding of records.
7 ALR Fed 876.

What constitutes investigatory files exempt from
disclosure under Freedom of  Information Act (5 USCS @ 552(b) (7)
) . 17 ALR Fed 522.

What are administrative staff manuals and
instructions to staff that affect a member of the public that must
be disclosed under the Freedom of Information Act (5 USCS @ 552(a)
(2) (C) ) . 22 ALR Fed 325.

What are matters "related solely to
the internal personnel rules and practices of an agency" exempted
from disclosure under Freedom of Information Act (5 USCS @ 552(b)
(2) ) . 28 ALR Fed 645.

What matters are exempt from disclosure
under Freedom of Information Act (5 USCS @ 552(b) (1) ) as
"specifically authorized under criteria established by an Executive
order to be kept secret in the interest of national defense or
foreign policy." 29 ALR Fed 606.

Construction and application of
exemptions, under 5 USCS @ 552b(c) , to open  meeting requirement
of Sunshine Act. 82 ALR Fed 465.

LAW REVIEWS--    Gahan, The
headless fourth branch of government. 64 Mass L Rev 21, February,
1979.