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.