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Public Records Request

What is a Public Record?       
                    
Every record made or received by a government entity or employee is presumed to be public unless a specific statutory exemption permits or requires it to be withheld in whole or in part. Exemptions may be found in Chapter 4, Section 7(26) of the Massachusetts General Laws. For more information, follow this link: Public Records Division

What is a Public Records Request?
A public records request is a request to inspect and/or copy public records. The request is not required in person, in writing, or in any particular form. The person making the request does not need to identify himself/herself or provide information about the reason for the request or how the records will be used. The request must be precise enough for the Town to conduct a meaningful search. The Town may ask questions about the request to respond fully and on time. The State acknowledges that access to information is every citizen's fundamental and necessary right.

GUIDELINES FOR PUBLIC RECORDS REQUESTS

The Town of Norton has developed these guidelines to help members of the public who are seeking access to public records in the Town's custody make informed requests for public records and to assist the Records Access Officers (RAOs) in fulfilling those requests.

Requests for public records may be made orally or in writing. Written requests can be made by hand, mail, email, or fax.  Telephone requests may be accepted at the discretion of the Records Access Officer.

Requests for records should be directed to the appropriate Records Access Officer, who will serve as the custodian of the requested records. The Town of Norton has designated Records Access Officers in each town department (listed below) responsible for coordinating their departments’ responses to public records requests. If you would like to make a public records request, please contact the Records Access Officer in the town department from which you would like to request public records. If you are not sure which department has the public records you are seeking, please contact:

Stella Young, Interim Town Clerk
Town of Norton
72 East Main Street
Norton, MA  02766
508-285-0230
[email protected] 

Once the RAO has received your request, he or she must respond to your request within 10 business days. (business days are Monday through Friday and do not include Saturdays, Sundays, or legal holidays)

A RAO’s response may include:

  • Producing the requested record(s);
  • Outlining what will be withheld or redacted because a specific statutory exemption may apply to the requested records, permitting or requiring the documents to be withheld in whole or in part;
  • Identify records being produced or intended to be produced and (if applicable) provide a detailed explanation of the reason(s) for the inability to provide the information within the allotted timeframe. The RAO has a total of 25 Business Days to provide a complete response to your request unless The RAO appeals to the Supervisor of Records (Secretary of State) for good cause or you, the requestor, grant additional time to comply in writing.
  • Asking for further clarification or suggesting a modification to your request if it can reduce time and cost;
  • If fees will be charged, provide an itemized good-faith estimate.

Consider how you may narrow the scope of your request to expedite the production process. The first two hours of work performed to respond to a public records request will be free. After that, the town may charge up to $25.00 per hour. The town may charge up to $0.05 for black-and-white paper copies and the actual cost of electronic storage devices (e.g., DVDs or memory sticks).

For additional information about requesting or filing an appeal, see Chapter 66 of Massachusetts General Laws and 950 CMR 32 and MA Public Records Law Guidelines.

Below is a list of categories of public records maintained by the city of New Bedford. Please note this list is not exhaustive. These records may be subject to redaction if they contain information that may not be disclosed by law, is exempt under the public records law, or is subject to other legally applicable privileges. Where a particular department maintains specific categories of records, the appropriate department is indicated below in parentheses.

Categories of public records generally maintained by the town:

Annual Budgets 
Audio/Video Recordings
Bid documents and procurement contracts 
Collective bargaining agreements 
Documents or correspondence obtained by or generated by a public body or public employee.
E-mails
Employee information (name, title, salary) (Contact: Personnel Office)
Grants
Job postings and job descriptions (Contact: Town Manager's Office)
Memoranda of Understanding (MOUs) (Contact: Town Manager's Office)
Minutes of Open Meetings and Hearings
Notices of Open Meetings and Hearings
Permits (Contact: Inspectional Services for building permits; Fire Department for fire-related permits; Health Department for health-related permits, etc.)
Public policies/procedures/regulations

  • Time for search, segregation, or copying, including employees or necessary vendors, such as legal counsel, technology and payroll consultants, or others as needed, shall be assessed as a fee to the requester based upon the prorated hourly rate of the lowest paid employee in that office capable of doing the work, not to exceed $25 per hour unless the Supervisor approves a higher rate of records.
  • The Town may refuse to provide records to anyone who has not paid a reasonable estimate for the provision of public records or who has failed to pay such a fee in connection with a prior request for public records.


Public Records Request Process:

1. Requests for public records may be made orally in person or in writing to an RAO or other Town official.

2. Requests for copies of records or access thereto may still be made “over the counter" in person at the appropriate Town office, provided that oral requests may not be the basis of an appeal to the state’s Supervisor of Public Records.

3. Written requests may be delivered by a requester to the business address or email address of an RAO or other Town official by hand, mail, email, or facsimile.

4. A public records request form will be available to anyone making a public records request, but neither that form nor any other type of written request shall be required.

5. Any person requesting public records may seek out and contact any RAO for assistance in determining the appropriate RAO or custodian of records.

6. That official may handle requests to a Town official other than an RAO; however, the official shall inform the appropriate RAO, who will respond as necessary or proper. Any RAO receiving a public records request shall notify the primary RAO within 24 hours.

7. Requests for public records shall include a reasonable description of the requested record so that the RAO can identify and locate it promptly. The RAO may contact the requester to clarify a request, to ensure that the requester and the RAO understand what is being requested, and/or to assist the requester in narrowing or refining the request.

8. The RAO may require payment of a reasonable fee before producing a public record, as follows:

  • There shall be a charge of .5 cents for black and white paper copies or computer printouts of public records for both single and double-sided sheets, in conformance with conform to the provisions of 950 CMR 32.08(2);
  • The actual cost of a thumb drive or disk will be charged if the records are provided electronically other than by email and 
  • Time for search, segregation, or copying, including employees or necessary vendors, such as legal counsel, technology and payroll consultants, or others as needed, shall be assessed as a fee to the requester based upon the prorated hourly rate of the lowest paid employee in that office capable of doing the work, not to exceed $25 per hour unless the Supervisor approves a higher rate of records. The Town may refuse to provide records to anyone who has not paid a reasonable estimate for the provision of public records or who has failed to pay such a fee in connection with a prior request for public records.

9. Records that are freely available or on the Town’s website will be free of charge.

10. Subject to the exceptions outlined in M.G.L. c. 66, Sec. 10(a), the RAO is required to respond within 10 business days of the receipt of a public records request (i) by providing access to or copies of the requested records, (ii) by providing the requester with directions to access the requested records on the Town’s website, or (iii) by notifying the requester in writing that all or a portion of the records will be withheld from disclosure and/or that the records will not be provided in that timeframe, addressing the other elements required by law as outlined in M.G.L. c. 66, Sec. 10(b).

For response time:

  • Business days are Monday through Friday, 9:00 a.m. to 5:00 p.m., except for legal holidays and any day when Town Hall is closed for business due to emergency, weather, or other events requiring the unexpected closure of business.
  • Time shall be calculated starting on the first business day following the date of receipt of the public records request (see 950 CMR 32.03(3)).
  • Example #1: A request for public records is received by an RAO at 2:00 p.m. on a Wednesday. “Day 1,” for purposes of the law, will be Thursday.
  • Example #2: A public records request received after hours on a Friday. “Day 1”, for purposes of the law, will be Monday (or Tuesday if Monday is a holiday).
  • Example #3: An email requesting public records is received on Saturday. For purposes of the law, “Day 1” will be Monday (or Tuesday if Monday is a holiday).

11. If the response to a public records request is anticipated to be time-consuming, extensive, voluminous, or otherwise puts a burden on the Town or its departments, the RAO may notify the requester that the RAO will comply within 25 business days of the receipt of the request, or seek an extension of time from the Massachusetts Supervisor of Records. The public records requester shall be notified in writing that an extension has been requested.

12. If the Town fails to comply with the Public Records Law requirement, the requestor may file an appeal with the Supervisor of Records, who must issue a determination within 10 business days.

Administration: RAOs shall meet on such dates and times, whether regularly or intermittently, as the Primary RAO shall determine. Such meetings are strictly administrative and do not constitute a public body meeting under the Open Meeting Law. Meetings among the RAOs may occur in person, by telephone, or by email.

PUBLIC RECORD REQUEST FORM

AN ACT TO IMPROVE PUBLIC RECORDS

PLEASE SEND ALL RECORDS REQUESTS TO [email protected] 

PUBLIC RECORDS ACCESS OFFICER   -    STELLA YOUNG, INTERIM TOWN CLERK          

BOARD OF ASSESSORS                DENISE ELLIS                  
BOARD OF HEALTH                       CHRIS ZAHNER               
CEMETERY/HIGHWAY                  JOANN DONOFRIO    
CONSERVATION                            JOHN THOMAS     
INSPECTIONS                                CATHY INGARGIOLA        
PLANNING/ZONING                     BRYAN CARMICHAEL           
TREASURER/COLLECTOR           WENDY COCHRANE      
ACCOUNTING                                JAMES PUELLO               
TOWN MANAGER'S OFFICE        MICHELLE BROWN          
WATER/SEWER DEPARTMENT   FRANK FOURNIER    
POLICE DEPARTMENT                 MICHELLE GOODWIN      
FIRE DEPARTMENT                      REBECCA MOWRY