Definition of Public Record Chapter 4 sec. 7 cl. 26

Meetings of Governmental Bodies Chapter 30A sec. 11A – 11A½

Open Meeting Law Chapter 39 sec. 23A – 24

Public Records Chapter 66

Fair Information Practices Act Chapter 66A

CODE OF MASSACHUSETTS REGULATIONS (CMR):

Fair Information Practices Act 940 CMR 11.00

Public Records Access Regulations 950 CMR 32.00

Information Practices Regulations 950 CMR 33.00

FEDERAL STATUTES:

Freedom of Information Act (FOIA) 5 USC sec. 552

SELECTIVE CASE LAW:

District Attorney Plymouth County v. Board of Selectman of Middleborough, 395 Mass. 629, 481 NE2d 1128 (1985) Board could not hold executive sessions for purposes other than those enumerated in MGL chapter 39, sec. 29B.

General Electric Co. v. Dept. of Environmental Protection, 429 Mass. 798, 711 NE2d 589 (1999) Materials privileged as work product are not protected from disclosure under the public records statute, unless they fall within the scope of an express statutory exemption.

Hull Municipal Lighting Plant, v. Mass. Municipal Wholesale Electric Co., 414 Mass. 609, 609 NE2d 460 (1993), Public records are broadly defined and include all documentary material made or received by an officer or employee of any corporation or public entity of the Commonwealth unless one of the nine statutory exemptions is applicable.

PRIMARY SOURCES:

Mass. Department of Environmental Protection

The Taunton River Watershed falls within DEP's Southeastern Regional Office, at 20 Riverside Drive, Lakeville. You must call ahead of time to arrange an appointment to examine case files. (508) 946-2700.

U.S. Environmental Protection Agency (EPA) Region One, Boston

SECONDARY SOURCES:

A Guide to the Massachusetts Public Records Law, Massachusetts Secretary of the Commonwealth, Public Records Division, 1998. Also available online at http://www.sec.state.ma.us/pre/prepdf/guide.pdf.

“Abutters Information” may be obtained online by Assessors Offices through the Community Software Consortium a/k/a CSC at http://csc-ma.us. CSC member Communities in the Taunton River Watershed include Berkley, Somerset, Duxbury and Swansea.

WARNING: This is only a guide to provide a starting point for research. It is not intended to be an exhaustive compilation on the topic. Nor is it intended to constitute legal advice.

Compiled by the staff at the Taunton River Watershed Alliance. Revised April, 2006. A more comprehensive and current version may be available at the Massachusetts Trial Court Law Libraries, at their website http://www.lawlib.state.ma.us