<p>A bill to reform and significantly strengthen the Massachusetts Public Records Law is attracting midsummer heat on Beacon Hill, as a bipartisan group of lawmakers backing the bill try to strike a compromise with an opposition group that represents commonwealth cities and towns, including on the Vineyard.</p>
A bill to reform the Massachusetts Public Records Law is attracting midsummer heat on Beacon Hill, as lawmakers backing the bill try to strike a compromise with an opposition group that represents commonwealth cities and towns, including on the Vineyard.
The bill aims to significantly strengthen the law by clearing away obstacles for ordinary citizens as well as the members of the media who seek access to government documents and emails. The current law, which dates to 1973, is widely acknowledged to be one of the weakest public records laws in the country. Originally modeled after the federal Freedom of Information Act, the law presumes that most government records are open and public, but through the years a growing list of exemptions have been added. A rule that requires government officials to comply with requests within 10 days has no penalties attached and is routinely ignored, and exorbitant fees are sometimes charged for compiling and redacting documents. In one extreme instance, the Massachusetts state police asked for $2.7 million in response to a request for a database containing records of breathalyzer tests.
Closer to home, last year the Gazette made a detailed request to the town of Tisbury for public records, including minutes of meetings, relating to the Stop & Shop expansion project. It took four months and a number of follow up requests from the newspaper before the town complied.
Early this year the Gazette requested minutes of airport commission meetings for an eight-month period from July 2014 to February 2015. Airport officials have not been responsive to that request.
The reform bill would create a clearer set of guidelines both for people seeking to obtain public records and also for government agencies who are custodians for the records. The bill would cap fees for some document requests and make it easier to obtain documents electronically, among other things. Under the bill, citizens who successfully sue to obtain public records would be awarded attorneys fees. In one compromise measure, the time period for response to a records request would be extended from 10 to 15 days.
Authored by Rep. Peter Kocot, a Northampton Democrat, the bill has the strong backing of Secretary of State William Galvin and Attorney General Maura Healey. It also has solid support on Beacon Hill, including from speakers in the House and Senate and was headed for a vote in the House this week. But that changed after the Massachusetts Municipal Association, a powerful lobby group that represents commonwealth cities and towns, moved in to oppose the bill. The MMA believes the bill would place an undue burden on cities and towns and is calling it an unfunded mandate.
Cape and Islands Rep. Timothy Madden said Thursday that he supports the bill and believes a compromise can be hammered out with MMA with a possible vote now scheduled for next week in the House. “We’re going to tweak it probably to find some compromise but I think we will have a final bill before the August recess,” Mr. Madden said. “I’m going to support it.” He said the bill has seen strong bipartisan support on Beacon Hill. “I’ve talked to some of my Republican colleagues and they are behind it,” Mr. Madden said.
He also said he believes the reforms are long overdue. “We’ve been talking about it for quite awhile . . . . technology has changed so much . . . . [under the current bill] people to take so long to respond to records and it costs so much, it just doesn’t make sense,” he said, adding: “On the other side I know some of the small towns are worried about whether it will cost them more to comply with the law, and I represent a lot of small towns.” But he said he believes those concerns can be addressed without killing the bill.
He said he has heard from a scattering of constituents on the reform bill, none of them from the Island. “No one from the Vineyard has weighed in in opposition,” Mr. Madden said.
That could change after this week. Tisbury selectman Tristan Israel, who heads the all-Island selectmen’s association and sits on a policy committee for the MMA, said he has put the matter on the agenda for next Tuesday’s selectmen’s meeting, and wants his board to write a letter of opposition. “I have some real problems with it,” Mr. Israel said of the bill. “The intent is good and there’s going to be a lot of support for it publicly, but the way it is now laid out . . . . I’m concerned about the demands it could place on smaller communities as an unfunded mandate,” he said.
Coincidentally on Friday afternoon the all-Island selectmen’s association, an informal coalition of selectmen in the six towns, is hosting a gathering with spokesmen from the MMA. Mr. Israel organized the meeting, which begins at 2:15 p.m. at the Strand Theatre in Oak Bluffs. He said the public records reform bill was not on the original agenda for discussion but that he now plans to bring it up.
“I think it should be discussed, and I intend to bring it up if nobody else does,” he said, adding: “I understand why this will probably pass and why it sounds good . . . . if I wasn’t in government I would have a different view.”

Comments
I can see where Tristan
Frank BrunelleI can see where Tristan Israel would object to the Freedom of Information Act.
Frank can you expand on your
Deacon Perrotta Oak BluffsFrank can you expand on your comment? I'm interested in what you mean.
Not sure why it would cost so
sue tisburyNot sure why it would cost so much to produce those documents. Just point click and print. I believe all those documents should be available on the entities website. Then the people can print them themselves. Compiling emails may take a little longer but it's usually only the press that asks for those. The airport used to post their minutes on the County website, not sure when they decided to stop, course everything at the airport is top secret. If all the town and county entities posted their minutes on their website it would make it much easier and less of a burden on the town's. (I've seen the minutes on the County website and a couple of the town's post their minutes too.)
Come on Tristan, we're living
Patricia Carlet TisburyCome on Tristan, we're living in the 21st century - the digital age. Let's talk about that - along with the Freedom of Informtion Act. Let's talk about mountains of information on thousands of paper documents filling the shelves and closets of our Town Hall - all waiting to be digtalized.
That's an issue you should be discussing at the Selectmen's meeting next Tuesday.
And if The Selectmen determine that funding this task is a problem - since much of this paperwork qualifies as "historical"' - let's use the CPA.
I am glad to know Tim Madden supports the bill, and I am surprised that as a government official you, Tristan, would oppose such a long overdue change in the public's right to information.
Sounds like Mr Israel opposes
Dear Lord Martha's VineyardSounds like Mr Israel opposes anything that holds his views accountable.
Patricia Carlet, Tristan is living in the 20th century and his last statement is key, "if I wasn’t in government I would have a different view".
That statement clearly shows he's not one of us and he's above us. A dangerous attitude to take but you people keep voting him in. Transparency is not one of his strong suits.
Mr Israel, How is this an unfunded mandate? You can charge people for putting this together, correct?
It cost $500 to buy very good
VeryAnnoyed Vineyard HavenIt cost $500 to buy very good scanner that scans about 50 pages which can be uploaded. Small towns would benefit with technology which would make it easier to access, storage and retrieve for public requests. Any municipal person who has an issue with open records may be hiding something or does not want to be accountable. That is the real issue!
As someone who waited far too
BFAs someone who waited far too long to receive a public document a few years ago,(not Tisbury), I would love to see this pass.
Can't help but feeling suspect of a public official who would oppose it.
Transparency, keep dreaming!
Please! -- VHTransparency, keep dreaming! 80% of the island voted for Obama (Transparency) and looks like they will support Hillary! Hahahahh Transparency give me a brake!!
If this passes, the costs
TwoCent EdgIf this passes, the costs will be real. I think it would be money well spent, but it won't be pennies to the taxpayer. It isn't just about buying digital scanners. It is about paying someone to scan all these documents. They will have to find them first. And organize them. How about meeting minutes? These are the official record of the decisions made by government. By law, they should allow a person who has not attended a meeting to understand what transpired and what decisions were made. Is MV compliant with even the old law? If you say yes, I have a bridge to sell you. It would require a professional with training to produce these minutes. There are a few on the island. There need to be many more. They will cost taxpayers money. Again, money well spent in my opinion. Middle class jobs that our island so badly needs. Year round lower level employment that is not poverty level service industry employment. A step in the right direction for employment here, and legally mandated already but ignored by our current leaders. Oh, and it will also help curtail back room deals, crooked politicians, and the general exploitation of the island. Mr. Israel has a lot of explaining to do.
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