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Public Records Request

The Massachusetts "Act to Improve Public Records" law took effect effective January 1, 2017:  https://malegislature.gov/Laws/SessionLaws/Acts/2016/Chapter121Source information includes:

FOR YOUR RECORDS REQUESTS for the TOWN OF BERLIN, MASSACHUSETTS

Contact the department directly where you seek documents.  IF YOU NEED ASSISTANCE with fulfilling your request, please call on the Town's Records Access Officers

Agencies and municipalities are required to designate at least one Records Access Officer (RAO).  This webpage is the Town of Berlin's official 24/7 manner of publicizing this information to the public. 

Each department is empowered to fulfill records requests directly as records "Custodians" (a Custodian being any public official who generates or receives public records).

By contrast, the RAO has a duty to:

  • Coordinate the agency’s or municipality’s response to requests for access to public records;

  • Assist individuals seeking public records in identifying the records requested;

  • Assist the Custodians of records in preserving public records; and

  • Prepare guidelines that enable requestors to make informed requests.

Electronic Records

Under the new version of the law, requests must be fulfilled in an electronic format unless:

  • the record is not available in an electronic format, or
  • the requestor does not have the ability to receive or access the records in a useable electronic format.

Additionally, as of January 1, 2017, agency RAOs are to facilitate the online and searchable placement of commonly requested records, including final opinions, annual reports, minutes of open meetings, and agency budgets (to the extent feasible).

Response Time

Beginning January 1, 2017, an RAO must permit inspection or furnish a copy of a requested public record within 10 business days following receipt of the request. RAOs may petition the Supervisor of Records for an extension if they are unable to grant access to the requested public records in this time period.

Fees

Where hard copies are necessary, the Town may charge five (5) cents for commonly-sized black and white paper copies or computer printouts of public records for both single and double-sided sheets.  Special rates apply for the outsourcing of large plan reproduction from large original plans.

As permitted by law, and as Berlin is a municipality with fewer than 20,000 people, the Town may charge for the first two (2) hours of an employee's time to fulfill a records request, but capped at the rate of $25/hour, to cover the hourly rate of the lowest-paid employee with the skills necessary to search for, compile, segregate, redact or reproduce a requested record. 

Administrative Appeals

If a municipality fails to comply with a requirement of the law, the requestor may file an appeal with the state Supervisor of Records who will then issue a determination on the public status of the records within 10 business days of receipt of the request for an appeal.

Attorney Fees

If a requestor prevails in a court action against a municipal RAO, the court may award the requestor attorney fees or costs.

Town of Berlin, MA Records Access Officers (RAOs)

 

Records Access Officers (RAOs) serve as an interface with other departments, boards, and committees ("Custodians") that may have custody of the requested information:

Dee Green, Administrative Assistant to the Town Administrator
selectmen@townofberlin.com
978-838-2442
M-F 9AM-5:30PM

Eloise Salls, Town Clerk
townclerk@townofberlin.com
978-838-2931
Tue & Thur: 11 AM - 3 PM; Wed: 7 - 9 PM

But with regard to Berlin Police Department Record Inquiries, the Police Department record Custodian is:

Eric Schartner, Chief of Police
Berlin Police Department
eschartner.pd@townofberlin.com
978-838-7355  (the non-emergency Police business line)