Bill to Overhaul Public Records Law Still Stalled in Legislature

<p>With time running out on the formal legislative session for the year, a revised bill to overhaul the outdated Massachusetts Public Records Law was inching its way out of a joint committee and toward a possible vote this week.

With time running out on the formal legislative session for the year, a revised bill to overhaul the outdated Massachusetts Public Records Law was inching its way out of a joint committee and toward a possible vote this week.

The bill, the product of a coalition of public watchdog and civil rights groups and Massachusetts newspaper publishers, has been bogged down in the House Ways and Means Committee since July, in part due to powerful opposition from the Massachusetts Municipal Association which represents cities and towns in the commonwealth.

The bill has been revised in order to meet some of the concerns of the opponents.

House Speaker Robert DeLeo said early in the week that he was optimistic about bringing the bill onto the floor for a vote before the end of the session, but as of Thursday this week it remained stuck in committee.

Cape and Islands Rep. Timothy Madden, who is backing the bill, said all he could do was hope.

“The key is to try to get as much consensus as possible — as of today my understanding is they haven’t gotten a complete consensus yet, they are still working on it,” Mr. Madden said from Beacon Hill.

“In fairness to the Speaker, this is what happens,” he added. “You open the door and put your foot in it and everyone sees your foot and the pressure is turned up. This is high on his agenda I know, the Speaker has said so personally to me.”

The legislature ends its formal session for the year on Nov. 18.

House bill 3665 aims to strengthen the public records law by clearing away obstacles for ordinary citizens as well as 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.

The revised bill includes provisions to improve electronic record keeping, in part by requiring towns to designate one person to be in charge of providing access to public records. The bill also has provisions for opening up public access to records stored on websites, including annual reports, final opinions, bids for contracts and public hearing notices. The bill also contains provisions to keep costs reasonable.

The bill was originally authored by Rep. Peter Kocot, a Northampton Democrat, but the concept of public records reform has broad bipartisan support. Gov. Charlie Baker, Attorney General Maura Healey and Secretary of State William Galvin are all on record in support of reform, and the bill itself has solid support on Beacon Hill, including from leadership in the House and Senate. Ms. Healey reaffirmed her commitment to transparency in government in a speech this fall to the New England Newspaper Publishers Association.

Mr. Madden confirmed this week that the primary opponent has been the MMA and its powerful lobby. In a recent statement on its website, the association said while it supports reform, it believes more time is needed to get the bill right. “As currently drafted, the bill is not adequately balanced,” the statement said in part, raising concern that the bill would “transform the public records law into an unfunded mandate.”

Mr. Madden said he has had discussions with town selectmen in his district and heard echoes of the MMA position. But he disagrees with it. “The bottom line is these are our constituents — they are demanding something and we have to listen to that,” he said. “If it costs us more, well they have to pay the bills. But it’s very clear that we should be doing this.”

He also said the role regional newspapers have played in putting the spotlight on public records reform — especially local papers — has had a clear impact.

“I think the newspapers have done a terrific job and been very pointed,” Mr. Madden said. “Believe it or not, we actually do read editorials. We listen to the home town papers. I think you guys have the pulse on what’s going on.”

On the Vineyard, the bill has also been endorsed by the League of Women Voters.

Comments

Submitted by Anonymous (not verified) on Fri, 11/13/2015 - 06:24

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~W.W.W.~ Vineyard Haven

It doesnt matter! We use to be a nation of laws but that is not anymore!
We have seen especially recently that from the top down there is absolutely no accountability, no enforcement of our many many existing laws and our leaders people who we are suppose to respect and trust have abused their positions and powers to no end.
The Freedom of Information Act Laws, the Public Records Laws and even many of our local laws and bylaws are all just totally non-enforceable sad jokes.
Every part of today's society is smack dab in the middle of another repeat of the 60's revolutions except this time it is much more dangerous on every level!

I once considered myself to be totally patriotic in every way shape and form and have sacrificed much for our country. Today I am clearly not the same person and I only see darker days are definitely ahead for our country which will make the 60's look like it was a horse & pony show.

Today's news (other than the main stream media) shows that those in power and those who are seeking the highest power and positions in our nation are the biggest abusers and what are citizens and illegals in our streets protesting ~ abolish Christmas, free speech for those only on the far far left, free school for everyone, open our borders wider, expand sanctuary cities, open the prisons and release as many criminals and terrorists as possible especially before the next election which happens to be in one year.

Because our most important laws concerning the safety and security of our country trickling down all the way to our local level laws and bylaws are basically abused, non-enforceable and non-existent making our entire country susceptible to complete destruction I sadly expect this next year to be one of the worst years I our country's history.

Submitted by Anonymous (not verified) on Sat, 11/14/2015 - 08:45

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J C Murphy West Tisbury

I have requested a number of times in the Town of West Tisbury for material such as the name of the person requesting items such as legal services on particular subject matters to determine the motive of the expenditures as well as vigilance of fraud. Additionally I have requested the name of the authorizing person of the purchase order which is now a requirement as an unencumbered non balance sheet item, similar to the fact that fixed assets are to be kept track of in accordance with the “Government Accounting Standards Board.” In addition to the lack of information of whom requested the purchase order information, there is no audit trail to determine anything regarding specificity of what, why, and by whom the authorization of the particular earmarked item of money was deployed. The disbursements are profoundly misleading as to whom the interests of a certain group in the town may be judged for fraud and abuse, as well as not being in accordance with “GASB .” Normally an acceptable accounting system for Government Standards would have this within its system with really no excessive material cost.

Submitted by Anonymous (not verified) on Sat, 11/14/2015 - 09:28

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Quiet in WT West Tisbury

Hallelujah, You have said exactly what myself and many others here on the island have been holding in for many years because of our jobs and because we did not want to be called racist.

Submitted by Anonymous (not verified) on Tue, 11/17/2015 - 22:06

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Eddie Oak Bluffs

Great comment WWW and what perfect timing. I hope those on the Vineyard really take a good look what he has said and predicts. It is to important not to.

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