Massachusetts has long been notorious for being one of the least progressive states with regard to government transparency. The state’s public records law is alone in exempting the governor’s office, the Legislature and the judiciary, leaving cities, towns, counties and the state’s executive agencies as the only government bodies that may be compelled to produce documents when requested to do so by journalists or members of the public.
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What’s worse, there are few penalties for failing to comply with the law. As John Hilliard observes (sub. req.) in The Boston Globe:
In Massachusetts, the state law’s deadlines for fulfilling records requests can be ignored, workers can conspire to overestimate costs, elected officials can spend years fighting requests in court, or not bother releasing records at all. No one tracks whether local governments like cities and school districts follow the law; state agencies self-report requests, but not the reasons why they refuse them.
Michael Morisy, the chief executive of Boston-based MuckRock, who’s been helping people file public records requests for years, told the Globe: “It’s among the worst states when it comes to public records access.”