How to File a Public Records Request in Everett, Massachusetts

What Is the Massachusetts Public Records Law?

The Massachusetts Public Records Law, codified at M.G.L. c. 66, § 10, guarantees every person — regardless of residency or citizenship — the right to inspect and obtain copies of public records held by any state agency or municipality. There is no requirement to explain why you want the records or to prove any particular interest in them.

A "public record" is broadly defined under M.G.L. c. 4, § 7, cl. 26 to include all documentary materials — regardless of physical form or format — made or received by a government officer or employee. This includes city council meeting minutes, budgets, contracts, permits, inspection reports, correspondence, and emails. Even text messages and records stored on personal devices may qualify if they concern official business.

Exemptions are listed at M.G.L. c. 4, § 7, cl. 26(a)–(s) and include: personnel records and internal rules (Exemptions b and c); deliberative policy documents (d); investigatory materials (f); trade secrets (g); and records implicating personal privacy (c). Crucially, the burden of proof rests on the government — the City of Everett must justify any withholding with specificity. Requesters are presumed entitled to the records they seek.

A 2016 reform law, "An Act to Improve Public Records," strengthened enforcement, capped fees, required RAO designations at every agency, and created a strong presumption in favor of attorney's fee awards for requesters who prevail on appeal.

Read the full text of the Massachusetts Public Records Law (M.G.L. Chapter 66, § 10 (procedures); M.G.L. Chapter 4, § 7, Clause 26 (definition of public records); M.G.L. Chapter 66, § 10A (enforcement and appeals))

How to File a Public Records Request with the City of Everett

How to Submit Your Request

The City of Everett accepts public records requests through multiple channels. The most convenient method is the city's online FOIA Direct portal at townforms.com, which allows you to submit a request, create an account, and track the status of your submission. You can also email the City Clerk's Office directly at [email protected], or send a written request by mail or deliver it in person to City Hall, Room 10. No specific form is required under Massachusetts law — a written description of the records you seek is sufficient. However, using the online portal helps ensure your request is logged, tracked, and routed to the correct department. For police records, use the separate Everett Police Department portal at everettpdma.requestfoia.com. Requests may be made verbally, but a written request is strongly recommended because it creates a record and is required if you later need to file an appeal with the Supervisor of Records.

What to Include in Your Request

• Your full name and contact information (mailing address, email, or phone)
• A clear description of the specific records you are requesting — be as precise as possible about subject matter, date range, and department
• The format in which you prefer to receive the records (electronic PDF, paper copies, etc.)
• A fee threshold — state the maximum amount you are willing to pay, or request a fee waiver if applicable
• A citation to the Massachusetts Public Records Law (M.G.L. c. 66, § 10) to establish the legal basis for your request
• Any relevant identifiers that help locate the records: addresses, permit numbers, case numbers, meeting dates, or names of parties involved
• A request for an index of any withheld records and the specific exemption claimed, if any records are denied

Response Deadlines and What to Expect

Under M.G.L. c. 66, § 10(b), the City of Everett's Records Access Officer must respond to a public records request within 10 business days of receipt. Unlike some states, Massachusetts does not impose separate deadlines based on residency — the 10-business-day clock applies to all requesters equally.

A timely "response" does not necessarily mean you will receive the records within 10 business days. The RAO may acknowledge receipt and notify you of an anticipated timeline for fulfillment, especially if the request is large or requires gathering records from multiple departments. Under state regulations (950 CMR 32.06), the city may seek an extension of up to 20 business days by notifying you of the reason for the delay.

For fee provisions, Massachusetts law prohibits municipalities from charging for the first two hours of staff time spent searching for, compiling, or redacting records (for cities with more than 20,000 residents — which Everett clearly meets at over 50,000). Beyond that two-hour threshold, the city may charge no more than the hourly rate of the lowest-paid qualified employee, capped at $25 per hour under M.G.L. c. 66, § 10(d). Paper copies may be charged at $0.05 per page. Electronic records may not be assessed a copying fee.

Requests for a fee waiver are available when disclosure is in the public interest or if you demonstrate a financial inability to pay. Contact the City Clerk's Office to request a waiver at the time you submit your request.

What to Do If Your Request Is Denied or Delayed

If the City of Everett denies your public records request, fails to respond within 10 business days, or provides an inadequate response, you have clear legal options under M.G.L. c. 66, § 10A.

Common reasons for denial include claims that records are exempt under M.G.L. c. 4, § 7, cl. 26 — for example, personnel records, investigatory materials, attorney-client communications, or records whose disclosure would constitute an unwarranted invasion of personal privacy. The city is required to cite the specific exemption it is relying upon and should provide an index of withheld records. A vague or blanket denial is itself a violation of the law.

If your request is ignored, delayed beyond the statutory deadline, or denied without adequate justification, the most accessible first step is to appeal administratively to the Supervisor of Records — a state official housed in the Secretary of the Commonwealth's Public Records Division. This is a free process and typically faster than litigation. You must file the appeal within 90 days of the denial or non-response. The Supervisor must issue a written determination within 10 business days and can order the city to comply.

If the Supervisor finds a violation and the city still refuses to comply, the matter may be referred to the Attorney General. You may also bypass the Supervisor entirely and file a civil action in Superior Court.

Prevailing requesters in Massachusetts are presumed to be entitled to reasonable attorney's fees and litigation costs under M.G.L. c. 66, § 10A(d). The agency bears the burden of proving that a specific statutory exemption applies in order to defeat that presumption — making Massachusetts one of the stronger states for requester-side fee recovery.

Steps to Appeal

1. Contact the City Clerk's Office informally to follow up — sometimes delays are administrative and a polite inquiry resolves the issue quickly.
2. If no response is received within 10 business days, send a written follow-up citing M.G.L. c. 66, § 10(b) and request confirmation of receipt and an estimated fulfillment date.
3. If the request is denied, demand that the City Clerk provide the specific exemption under M.G.L. c. 4, § 7, cl. 26 being claimed and an index of withheld records.
4. File a written appeal with the Supervisor of Records, Office of the Secretary of the Commonwealth, within 90 days of the denial or non-response under M.G.L. c. 66, § 10A(a). Submit your original request, the agency's response (or evidence of non-response), and a brief explanation of why the denial is improper. The appeal is free.
5. The Supervisor of Records must issue a written determination within 10 business days. If the Supervisor finds a violation, the city is ordered to comply; non-compliance may be referred to the Attorney General for enforcement.
6. If the Supervisor rules against you or the city still fails to comply, file a civil action in Massachusetts Superior Court under M.G.L. c. 66, § 10A(c). The court may order production of records, assess civil penalties against the agency, and award costs.
7. Prevailing requesters are presumed entitled to reasonable attorney's fees under M.G.L. c. 66, § 10A(d) — the agency must affirmatively prove a specific exemption to defeat that presumption. Consider consulting a media law attorney or contacting the ACLU of Massachusetts if your request involves matters of significant public interest.

Types of Records You Can Request from Everett, Massachusetts

The City of Everett generates a wide range of public records in the course of its daily operations. Below are common categories of records that residents, journalists, and researchers frequently request from city government.

• City Council meeting minutes, agendas, and voting records
• Mayor's Office correspondence and official communications
• Municipal budgets, annual financial reports, and audits
• City contracts, vendor agreements, and procurement records
• Building permits, inspection reports, and code enforcement records
• Planning Board and Board of Appeals decisions and filings
• Zoning ordinances, variance applications, and zoning maps
• Police incident logs, arrest logs, and daily public logs (non-investigatory)
• Fire Department incident reports and inspection records
• Property assessment records and tax rolls
• Environmental permits and health department inspection reports
• City employee salary and compensation records
• Traffic engineering studies and transportation planning documents
• Casino-related licensing and compliance records (Encore Boston Harbor is adjacent to Everett)
• Grant applications and federal/state funding records

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Everett to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Everett