COMMONWEALTH OF MASSACHUSETTS SUPREME JUDICIAL COURT No. SJC-12207 PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. Plaintiff-Appellant, v. DEPARTMENT OF AGRICULTURAL RESOURCES, et al., Defendants-Appellees. On Appeal from a Decision of the Suffolk Superior Court REPLY BRIEF OF PLAINTIFF-APPELLANT PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. Counsel for the Appellant, David Milton, BBO#668908 Drew Glassroth, BBO# 681725 Law Offices of Howard Friedman, PC 90 Canal Street, 5th Floor Boston, MA 02114 617-742-4100 dmilton@civil-rights-law.com dglassroth@civil-rights-law.com Martina Bernstein, admitted pro hac vice PETA Foundation 1536 16th Street, N.W. Washington, DC 20036 202-483-7382 martinab@petaf.org November 7, 2016 TABLE OF CONTENTS Table of Authorities . . . . . . . . . . . . . . . ii Introduction . . . . . . . . . . . . . . . . . . . . 1 Argument in Reply . . . . . . . . . . . . . . . . . 3 I. Animal Health Certificates Do Not Fall within the Narrow Text and Purpose of the Public Safety Exemption . . 3 II. The Department’s Admission That Some Discovery Was Necessary Requires Remand. . 6 III. The Public Safety Exemption Did Not Change the Statutory Standard of Review Applicable to All Public Records Cases . . 7 IV. The Privacy Exemption Does Not Shield Professional Contact Information of Persons Involved in the Interstate Shipment of Primates. . . . . . . . . . . 11 Conclusion . . . . . . . . . . . . . . . . . . . . ADDENDUM - i - 14 TABLE OF AUTHORITIES Cases Page Alphas Co. v. Kilduff, 72 Mass. App. Ct. 104 (2008). . . . . . . . . . 7 Cape Cod Times v. Sheriff of Barnstable Cty., 443 Mass. 587 (2005) . . . . . . . . . . . . . 12 General Elec. Co. v. Department of Envtl. Protection, 429 Mass. 798 (1999). . . . . . . . . . . . . . 5 Georgiou v. Comm’r of the Dept. of Indus. Accidents, 67 Mass. App. Ct. 428 (2006) . . . . . . . . . 12 Globe Newspaper Co. v. District Attorney for Middle Dist., 439 Mass. 374 (2003) . . . . . . . . . . 5 Malloch v. Town of Hanover, 472 Mass. 783 (2015) . . . . . . . . . . . . . 14 Sheehan v. Weaver, 467 Mass. 734 (2014). . . . . . . . . . . . . . 4 Worcester Telegram & Gazette Corp. v. Chief of Police of Worcester, 436 Mass. 378 (2002). . . . . . . 9 Statutes G. L. ch. 4, § 7, cl. 26(c). . . . . . . . . . . . G. L. ch. 4, § 7, cl. 26(n). . . . . . . . . . . 11 3, 4 G. L. ch. 4, § 7, cl. 26(o). . . . . . . . . . . . 13 G. L. ch. 66 § 10(c) . . . . . . . . . . . . . . . . 8 G. L. ch. 66, § 10(d). . . . . . . . . . . . . 5-6, 13 Other Authorities Letter from Acting Governor Jane Swift to Legislature dated June 26, 2002. . . . . . . . . . . . . . . 5, 10 - ii - INTRODUCTION The Defendant-Appellee Department of Agricultural Resources’ claim that the language of the public safety exemption must be “broadly construed” (Dep’t Br. at repeated 29) violates instruction the that Supreme public Judicial records Court’s exemptions must be strictly and narrowly construed. The “broad meaning” the Department gives to the phrase “any other records relating to the security and safety of persons or buildings” (Dep’t Br. at 30), which the Department stretches to include animal health certificates, is inconsistent Department’s with the statute construction as would a whole. bring The virtually limitless records into the scope of an exemption meant to protect infrastructure and security measures. The Department concedes that some of the discovery Plaintiff-Appellant People for the Ethical Treatment of Animals, Inc. (“PETA”) sought in the Superior Court “would be appropriate to the inquiry” whether the public safety exemption applies. (Dep’t Br. at 27). The Department admits that PETA is entitled to discover information or documents in the Department’s possession that undermine its claim that disclosure of unredacted - 1 - veterinary health certificates would jeopardize public safety. This concession requires that the judgment of the Superior Court be vacated and the case remanded for discovery.1 The Department’s proposed standard of judicial review of record custodians’ use of the public safety exemption records violates are public burden of proving permit custodians the statutory presumption and eliminates the otherwise. The to for decide that Department’s Department would themselves what information was relevant to the court’s inquiry and would require courts to ignore whether, in fact, there was any likelihood that disclosure of the records would jeopardize public safety. This standard would eliminate agency’s meaningful decision to judicial review withhold of public whether records an was reasonable. The information the Department redacted from the animal health certificates does not come within the limited scope of the privacy exemption. Names and professional addresses are not intimate details of a highly personal nature. The Department’s citation to 1 Of course, if the Court determines that, on its face, the public safety exemption does not apply to animal health certificates, outright reversal would be appropriate. - 2 - other exemptions protecting the home addresses of specific groups, and in some cases their identities and places of work, underscores that the Legislature could have, but did not, exempt such information for animal researchers. ARGUMENT IN REPLY I. Animal Health Certificates Do Not Fall within the Narrow Text and Purpose of the Public Safety Exemption The public safety exemption protects the following from disclosure: records, including, but not limited to, blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons or buildings, structures, facilities, utilities, transportation or other infrastructure located within the commonwealth, the disclosure of which, in the reasonable judgment of the record custodian, subject to review by the supervisor of public records under subsection (b) of section 10 of chapter 66, is likely to jeopardize public safety. G. L. ch. 4, § 7, cl. 26(n). The clear import of the exemption is to protect physical Department infrastructure ignores and settled security principles measures. of The statutory construction, as well as the purpose of the exemption, - 3 - in expanding its meaning to include animal health certificates. The Department wrongly assigns a “broad meaning” to the statutory phrase “any other records relating to the security structures, or safety facilities, of persons utilities, or buildings, transportation or other infrastructure.” (Dep’t Br. at 30). This general phrase comprises only “objects similar in nature to those objects enumerated by the preceding specific words.” Sheehan v. Weaver, 467 Mass. 734, 742 (2014). Animal health certificates identifying those involved in shipping animals into and out of the state are not “similar in nature” to the specific terms here: “blueprints, plans, policies, procedures and schematic drawings, which structural relate elements, preparedness, threat to internal security or layout measures, vulnerability and emergency assessments.” G. L. ch. 4, § 7, cl. 26(n). The Department ignores these limiting terms, as did the Superior Court. JA 190 (referring only to second half of statute in describing “succinctly” what it protects). The Department’s claim that the public safety exemption must be “broadly construed” (Dep’t Br. at 29) also ignores the SJC’s repeated admonition that - 4 - “exemptions must be strictly and narrowly construed.” Globe Newspaper Co. v. District Attorney for Middle Dist., 439 Elec. Co. Mass. 798, Mass. v. 374, 380 Department 801-02 (2003) of (1999)). (quoting Envtl. General Protection, Acting Governor 429 Jane Swift’s description of the statute when she introduced it confirms its limited scope: This legislation carves out a very narrow exemption to the definition of public records for those materials pertaining to public safety including threat assessments, security plans, and certain records 2 depicting critical infrastructure. Finally, the Department’s reliance on a different exemption, concerning employment addresses of abortion providers, in support of its expansive reading of the public safety exemption is misplaced. The exemption for the “place of employment … of persons providing or training in family planning services,” G. L. ch. 66, § 10(d), shows that when the Legislature “recognizes the dangers flowing from disclosure of the employment addresses of persons engaged in certain controversial activities” (Dep’t Br. at 30-31), it knows how to craft an exemption tailored to a specific activity. 2 Letter from Acting Governor Jane Swift to Legislature dated June 26, 2002 (“Swift Ltr.”), see Reply Addendum (“Reply Add.”) 1. - 5 - The fact also that exempts employment of the exemption the home crime for abortion addresses victims and and providers places domestic of violence victims, G. L. ch. 66, § 10(d), underscores that when the Legislature means to protect certain groups, it does so explicitly. II. The Department’s Admission That Was Necessary Requires Remand Some Discovery Despite opposing all discovery in the Superior Court, the Department now concedes that some of the discovery inquiry PETA sought whether the “would be appropriate Department had to the exercised reasonable judgment.” (Dep’t Br. at 27). Although PETA disagrees with the Department about the proper scope of such discovery, the Department admits that PETA is entitled to discover documents undermining the Department’s position that exemption (n) applies.3 This 3 As discussed in Section III, below, the Department proposes an unduly narrow standard of judicial review under which the court would determine whether the custodian exercised reasonable judgment based only on documents it allegedly relied on or considered when denying the records request. The Department would thus limit discovery to these documents. As explained below, the proper inquiry requires the court to consider whether, in fact, there was any likelihood that release of the records would likely jeopardize public safety. This inquiry does not depend on what materials the Department happened to consider, and thus requires discovery of any - 6 - admission necessitates a remand to permit development of the record.4 III. The Public Safety Exemption Did Not Change the Statutory Standard of Review Applicable to All Public Records Cases Nothing in the public safety exemption, which excludes a particular category of documents from the definition of public records, purports to amend the standard public of judicial records law. review The in actions standard, under prescribed the by statute, remains unchanged: “In any court proceeding … there shall be a presumption that the record sought is information in the Department’s possession tending to show that release of the records poses no threat to public safety. 4 The Court should disregard the Department’s assertion that if the case were remanded “it would file an affidavit stating it does not have information or documents of the sort that PETA sought to discover.” (Dep’t Br. at 27 n.13). Neither this assertion nor the future affidavit is part of the record on appeal. See Alphas Co. v. Kilduff, 72 Mass. App. Ct. 104, 113 n.11 (2008) (declining to consider counsel’s statement at oral argument about discovery materials because statement was unsupported by record on appeal). In any event, a vague, general denial that it has materials “of the sort PETA sought to discover” is insufficient to satisfy the Department’s discovery obligations. Similarly, the Department’s statement that it “has not disclosed the redacted information in the health certificates” (Dep’t Br. at 26 n.12), a statement that is also not part of the record on appeal, does not obviate the need for discovery on this point. On remand, PETA would be entitled to learn more specific information about who has access to the unredacted forms and how they are handled and stored. - 7 - public, and the burden shall be upon the custodian to prove with specificity the exemption which applies.” G. L. 66 § 10(c). The Department ignores this mandate and asks the Court to adopt the entirely unrelated standard of General’s review state review of constitution. applicable to the initiative petitions The should Court Attorney under the decline the invitation. The deferential review proposed by the Department turns the public records standard on its head. Instead of presuming that the record sought is public, the court would be required to give “heightened deference” to the custodian’s determination that the record is not public. (Dep’t Br. at 33). And instead of requiring specific proof that the exemption applies, the Department’s standard would require only that the custodian’s determination be “facially reasonable.” (Dep’t at is more, Department’s Br. 32). What the standard limits the facts relevant to this inquiry to “the universe custodian’s] of relevant possession that 5 materials it in [the considered.”5 The Department claims its standard would also permit consideration of “officially-noticeable facts,” (Dep’t Br. at 22), but it does not explain what these might be or give examples of such facts in this case. - 8 - (Dep’t Br. at 27). This self-serving standard would permit agencies invoking the public safety exemption to cherry-pick materials supporting its position while disregarding, purposely or otherwise, facts that favor disclosure. Cf. Worcester Telegram & Gazette Corp. v. Chief of (2002) Police (“Allowing unilaterally, are of subject Worcester, the without to 436 Mass. defendants any oversight, disclosure and what 378, 385 to decide, what documents documents are exempt is wholly inconsistent with the purpose of [the public records law].”). This circumscribed judicial review would result in records being kept secret even when their release would not pose any threat to public safety, courts would be required to ignore this fact. since (Dep’t Br. at 31-32) (“[T]he issue for the superior court was whether the Department made a ‘reasonable judgment’ in determining was ‘likely that to disclosure jeopardize of redacted public information safety,’ not the extent to which disclosure of the information was, as a factual safety.’”) language or matter, (emphases history ‘likely in of to jeopardize original). the public Nothing safety public in the exemption requires the court to so blind itself to reality. On - 9 - the contrary, the reasonableness of court a can assess custodian’s the objective judgment that disclosure would likely jeopardize public safety only by considering whether, objectively, disclosure would in fact pose a risk to public safety. As Acting Governor Swift stated upon filing the statute with the Legislature, “[t]his exemption requires a public records custodian to demonstrate that the release of records sought may jeopardize public safety.”6 The Department itself did not follow its proposed standard in the Superior Court. Despite claiming that courts should consider only “the universe of relevant materials that [the custodian] considered,” (Dep’t Br. at 27), the Department submitted various “supplemental” materials to the court “to demonstrate that its determination was reasonable.” JA 192. These documents against referenced animal miscellaneous researchers and acts research of violence facilities. The court explicitly relied on “the record compiled by the Department” matter, “the in concluding information that, redacted as from a factual the health certificates would be of a type that could assist an individual 6 or organization in Swift Ltr., Reply Add. 1. - 10 - executing an act of criminality.” JA 192. The court’s consideration of these materials improperly created a double standard in favor of the Department: the Department was allowed to deny discovery to PETA on the grounds that the only relevant documents were those it claimed to rely on, yet it was permitted to submit additional documents it claimed were also relevant to the court’s inquiry. The proper course discovery of possession of action any bearing would information on the have in actual been the to permit Department’s safety risk from disclosure, whether or not such information was relied on or considered by the Department. IV. The Privacy Exemption Does Not Shield Professional Contact Information of Persons Involved in the Interstate Shipment of Primates Names and business addresses on animal health certificates are not within the limited scope of the privacy “intimate exemption.7 details The of a exemption highly protects personal only nature.” 7 The “privacy exemption” excludes the following from the definition of public records: Personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy. G. L. ch. 4, § 7, cl. 26(c). “[P]ersonnel and medical files or information” are not at issue here. - 11 - Georgiou v. Comm’r of the Dept. of Indus. Accidents, 67 Mass. App. Ct. 428, 433 (2006)(citations omitted). “Names and details’ addresses of a of ‘highly adults personal are not ‘intimate nature.’” Cape Cod Times v. Sheriff of Barnstable Cty., 443 Mass. 587, 594–95 (2005) (citations omitted). In Georgiou, this Court found workers that were disclosure an of names and exception this addresses to this information of injured rule because would necessarily reveal the workers’ disabled status, which implicates privacy interests. 67 Mass. App. Ct. at 435. Sending and receiving primates across state lines, or certifying these animals’ health, does not. The Court can see numerous examples of unredacted animal health certificates in the record. J.A. 286406. These documents reveal no “intimate details” or other sensitive personal information. They provide the names and professional contact information of individuals (and entities) seeking to import or export animals into and out of Massachusetts. Just as there is no evidence Wildlife’s that disclosure the of Division these of records Fisheries in 2013 and has harmed or threatened to harm public safety, there is no evidence that disclosure has embarrassed anyone or - 12 - invaded anyone’s privacy. Nor is there any evidence that the public availability of similar information about animal researchers in Massachusetts has, at any time, had any ill consequence. The Department ignores this reality, as did the Superior Court, in favor of speculations of harm based on incidents remote in time and place. Had the Legislature wanted to protect the names and professional contact information of those involved in animal research, it would have done so explicitly. As the Department points out, certain statutory provisions protect the home addresses of particular groups, and certain other provisions also protect the names and places of employment of other groups. (Dept.’s Br. at 44 (citing G. L. ch. 4, § 7, cl. 26(o) (exempting home addresses and phone numbers of judicial, legislative, and law enforcement employees), 48 (citing G. L. ch. 66, § 10(d) (exempting names, home addresses, and places of employment of abortion providers, crime victims, and domestic violence victims))). If the Legislature had intended to exempt professional contact information of animal researchers, it would have inserted such an exemption into either of these statutory provisions. It did not. - 13 - To conclude that the privacy exemption somehow extends to this information would require “read[ing] into [the] statute a provision which the Legislature did not see fit to put there, [and to] add words that the Legislature had an option to, but chose not to.” Malloch v. Town of Hanover, 472 Mass. 783, 790 (2015) (quotation omitted). The Court need not balance the public interest in disclosure stake because here. The there is privacy no privacy exemption interest cannot apply at to animal health certificates. It was error for the judge below to conclude otherwise. CONCLUSION For the foregoing reasons, and those raised in PETA’s initial brief, this Court should either reverse the judgment below on the grounds that, facially, neither the public safety exemption nor the privacy exemption apply to animal health certificates, or vacate the judgment below and remand the case to the Superior Court for discovery. - 14 - RESPECTFULLY SUBMITTED, For the Plaintiff-Appellant, By its attorneys, David Milton, BBO#668908 Drew Glassroth, BBO# 681725 Law Offices of Howard Friedman, PC 90 Canal Street, 5th Floor Boston, MA 02114 617-742-4100 dmilton@civil-rights-law.com dglassroth@civil-rights-law.com Martina Bernstein, admitted pro hac vice PETA Foundation 1536 16th Street, N.W. Washington, DC 20036 202-483-7382 martinab@petaf.org November 7, 2016 - 15 - Mass. R. App. P. 16(k) Certification I hereby certify that this brief complies with the rules of court pertaining to the filing of briefs, including, but not limited to, Mass. R. App. P. 16, 18, and 20. David Milton Certificate of Service I hereby certify under the pains and penalties of perjury that on this 7th day of November, 2016, I caused true copies of the foregoing document to be served by first class mail and electronic mail on the following counsel: Amy Spector Assistant Attorney General Office of the Attorney General One Ashburton Place Boston, MA 02108 amy.spector@state.ma.us Laura Rótolo ACLU Foundation of Massachusetts 211 Congress Street Boston, MA 02110 lrotolo@aclum.org David Milton - 16 - ADDENDUM HB5195 - Acting Governor - A message from Her Honor the Lieutenant-Governor, Acting Governor. Recommending legislation relative to safeguarding certain records to ensure public safety. Bill Number: 5195 Filed: 06-27-2002 Author: Acting Governor The Commonwealth of Massachusetts THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE DEPARTMENT STATE HOUSE BOSTON 02133 (617) 727-3600 JANE SWIFT GOVERNOR June 26, 2002 To the Honorable Senate and House of Representatives: I am filing herewith for your consideration the attached bill entitled, "An Act Safeguarding Certain Records to Ensure Public Safety." In the wake of the attacks on the World Trade Center and the Pentagon, both government and private industry are compelled to protect their resources, infrastructure and facilities from nothing short of acts of war. Within this new paradigm, it has become apparent that there are certain records pertaining to state and local government's ability to protect its resources as well as other sensitive infrastructure, that if released, could compromise our ability to best protect the Commonwealth's citizens. This legislation carves out a very narrow exemption to the definition of public records for those materials pertaining to public safety including threat assessments, security plans and certain records depicting critical infrastructure. This exemption requires a public record custodian to demonstrate that the release of the records sought may jeopardize public safety, therefore this bill reaches a careful balance between the need to protect certain sensitive records and the public's right to access government information. Moreover, this proposal will encourage private industries to share sensitive information regarding their respective security plans with law enforcement without the risk of automatic public disclosure. I urge your favorable consideration of this legislation. Respectfully Submitted, Jane Swift Acting Governor AN ACT SAFEGUARDING CERTAIN RECORDS TO ENSURE PUBLIC SAFETY Whereas, the deferred operation of this act would tend to defeat its purpose, which is to forthwith provide for the protection of the Commonwealth's citizens by safeguarding certain records to ensure public Reply Add . 001 safety, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety and convenience. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Clause Twenty?Six of Section 7 of Chapter 4 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after paragraph the following paragraph: records, including but not limited to, blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons or buildings, structures, facilities, utilities, transportation or other infrastructure located within the Commonwealth, the disclosure of which, in the reasonable judgement of the record custodian, is likely to jeopardize public safety. Reply Add . 002 7. Definitions of statutory terms; statutory construction, MA ST 4 7 KeyC te Ye ow ag Negat ve Treatment Proposed Leg 3 at on Massachusetts General Laws Annotated Part 1. Administration of the Government (Ch. 1-182) Title I. Jurisdiction and Emblems of the Commonwealth, the General Court, Statutes and Public Documents (Ch. 1-5) Chapter 4. Statutes (Refs Annos) M.G.L.A. 4 7 7. De?nitions of statutory terms; statutory construction Effective: September 9, 2014 to December 31, 2016 Currentness In construing statutes the following words shall have the meanings herein given, unless a contrary intention clearly appears: ?9 ?5 9? 5? First, ?Aldermen board of aldermen mayor and aldermen?, ?city council" or ?mayor? shall, in a city which has no such body or of?cer, mean the board or of?cer having like powers or duties. Second, ?Annual meeting?, when applied to towns, shall mean the annual meeting required by law to be held in the month of February, March or April. Second A, ?Appointing authority", when used in connection with the operation of municipal governments shall include the mayor of a city and the board of selectmen of a town unless some other local of?ce is designated as the appointing authority under the provisions of a local charter. Third, ?Assessor? shall include any person chosen or appointed in accordance with law to perform the duties of an assessor. Third A, ?Board of selectmen?, when used in connection with the operation of municipal governments shall include any other local of?ce which is performing the duties of a board of selectmen, in whole or in part, under the provisions of a local charter. There is no clause Fourth.]> Fifth, ?Charter?, when used in connection with the operation of city and town government shall include a written instrument adopted, amended or revised pursuant to the provisions of chapter forty-three which establishes and de?nes the structure of city and town government for a particular community and which may create local offices, and distribute powers, duties and responsibilities among local of?ces and which may establish and de?ne certain procedures to be followed by the city or town government. Special laws enacted by the general court applicable only to one city or town shall be deemed to have the force of a charter and may be amended, repealed and revised in accordance with the provisions of chapter forty-three unless any such special law contains a speci?c prohibition against such action. Reply Add . 003 WESTLAW 7. Definitions of statutory terms; statutory construction, MA ST 4 7 Fifth A, ?Chief administrative of?cer?, when used in connection with the operation of municipal governments, shall include the mayor of a city and the board of selectmen in a town unless some other local of?ce is designated to be the chief administrative of?cer under the provisions of a local charter. Fifth B, ?Chief executive of?cer?, when used in connection with the operation of municipal governments shall include the mayor in a city and the board of selectmen in a town unless some other municipal office is designated to be the chief executive of?cer under the provisions of a local charter. Sixth, ?City solicitor? shall include the head of the legal department of a city or town. Sixth A, ?Coterminous?, shall mean, when applied to the term of of?ce of a person appointed by the governor, the period from the date of appointment and quali?cation to the end of the term of said governor; provided that such person shall serve until his successor is appointed and quali?ed; and provided, further, that the governor may remove such person at any time, subject however to the condition that if such person receives notice of the termination of his appointment he shall have the right, at his request, to a hearing within thirty days from receipt of such notice at which hearing the governor shall show cause for such removal, and that during the period following receipt of such notice and until ?nal determination said person shall receive his usual compensation but shall be deemed suspended from his of?ce. Seventh, ?District?, when applied to courts or the justices or other of?cials thereof, shall include municipal. Eighth, ?Dukes?, ?Dukes county? or ?county of Dukes? shall mean the county of Dukes county. Ninth, ?Fiscal year?, when used with reference to any of the of?ces, departments, boards, commissions, institutions or undertakings of the commonwealth, shall mean the year beginning with July ?rst and ending with the following June thirtieth. Tenth, ?Illegal gaming,? a banking or percentage game played with cards, dice, tiles or dominoes, or an electronic, electrical or mechanical device or machine for money, property, checks, credit or any representative of value, but excluding: a lottery game conducted by the state lottery commission, under sections 24, 24A and 27 of chapter 10; (ii) a game conducted under chapter pari-mutuel wagering on horse races under chapters 128A and 128C and greyhound races under said chapter (iv) a game of bingo conducted under chapter 271; and charitable gaming conducted under said chapter 271. Eleventh, ?Grantor? may include every person from or by whom a freehold estate or interest passes in or by any deed; and ?grantee? may include every person to whom such estate or interest so passes. 9, 6? Twelfth, ?Highway?, ?townway public way? or ?way? shall include a bridge which is a part thereof. Thirteenth, ?In books?, when used relative to the records of cities and towns, shall not prohibit the making of such records on separate leaves, if such leaves are bound in a permanent book upon the completion of a suf?cient number of them to make an ordinary volume. Fourteenth, ?Inhabitant? may mean a resident in any city or town. There is no clause Fifteenth.]> Sixteenth, ?Issue?, as applied to the descent of estates, shall include all the lawful lineal descendants of the ancestor. Reply Add . 004 WE Alf-J 7. Definitions of statutory terms; statutory construction, MA ST 4 7 Seventeenth, ?Land?, ?lands? and ?real estate? shall include lands, tenements and hereditaments, and all rights thereto and interests therein; and ?recorded?, as applied to plans, deeds or other instruments affecting land, shall, as affecting registered land, mean ?led and registered. Eighteenth, ?Legal holiday? shall include January ?rst, July fourth, November eleventh, and Christmas Day, or the day following when any of said days occurs on Sunday, and the third Monday in January, the third Monday in February, the third Monday in April, the last Monday in May, the ?rst Monday in September, the second Monday in October, and Thanksgiving Day. ?Legal holiday? shall also include, with respect to Suffolk county only, Evacuation Day, on March seventeenth, and Bunker Hill Day, on June seventeenth, or the day following when said days occur on Sunday; provided, however, that all state and municipal agencies, authorities, quasi-public entities or other of?ces located in Suffolk county shall be open for business and appropriately staffed on Evacuation Day, on March seventeenth, and Bunker Hill Day, on June seventeenth, and that section forty-?ve of chapter one hundred and forty-nine shall not apply to Evacuation Day, on March seventeenth, and Bunker Hill Day, on June seventeenth, or the day following when said days occur on Sunday. Eighteenth A, ?Commemoration day? shall include March ?fteenth, in honor of Peter Francisco day, May twentieth, in honor of General Marquis de Lafayette and May twenty-ninth, in honor of the birthday of President John F. Kennedy. The governor shall issue a proclamation in connection with each such commemoration day. Eighteenth B, ?Legislative body?, when used in connection with the operation of municipal governments shall include that agency of the municipal government which is empowered to enact ordinances or by-laws, adopt an annual budget and other spending authorizations, loan orders, bond authorizations and other ?nancial matters and whether styled a city council, board of aldermen, town council, town meeting or by any other title. Nineteenth, ?Month? shall mean a calendar month, except that, when used in a statute providing for punishment by imprisonment, one ?month? or a multiple thereof shall mean a period of thirty days or the corresponding multiple thereof; and ?year?, a calendar year. Nineteenth A, ?Municipality? shall mean a city or town. Twentieth, ?Net indebtedness? shall mean the indebtedness of a county, city, town or district, omitting debts created for supplying the inhabitants with water and other debts exempted from the operation of the law limiting their indebtedness, and deducting the amount of sinking funds available for the payment of the indebtedness included. Twenty-?rst, ?Oath? shall include af?rmation in cases where by law an af?rmation may be substituted for an oath. Twenty-second, ?Ordinance?, as applied to cities, shall be synonymous with by-law. Twenty-third, ?Person? or ?whoever? shall include corporations, societies, associations and partnerships. Twenty-fourth, ?Place? may mean a city or town. Twenty-?fth, ?Preceding? or ?following?, used with reference to any section of the statutes, shall mean the section last preceding or next following, unless some other section is expressly designated in such reference. Twenty-sixth, ?Public records? shall mean all books, papers, maps, photographs, recorded tapes, ?nancial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any of?cer or employee of any agency, executive of?ce, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, or any person, corporation, association, partnership or other legal entity which receives Reply Add . 005 WE AW 7. Definitions of statutory terms; statutory construction, MA ST 4 7 or expends public funds for the payment or administration of pensions for any current or former employees of the commonwealth or any political subdivision as de?ned in section 1 of chapter 32, unless such materials or data fall within the following exemptions in that they are: speci?cally or by necessary implication exempted from disclosure by statute; related solely to internal personnel rules and practices of the government unit, provided however, that such records shall be withheld only to the extent that proper performance of necessary governmental functions requires such withholding; personnel and medical ?les or information; also any other materials or data relating to a speci?cally named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy; inter-agency or intra-agency memoranda or letters relating to policy positions being developed by the agency; but this subclause shall not apply to reasonably completed factual studies or reports on which the development of such policy positions has been or may be based; notebooks and other materials prepared by an employee of the commonwealth which are personal to him and not maintained as part of the ?les of the governmental unit; (I) investigatory materials necessarily compiled out of the public view by law enforcement or other investigatory of?cials the disclosure of which materials would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest; trade secrets or commercial or ?nancial information voluntarily provided to an agency for use in developing governmental policy and upon a promise of con?dentiality; but this subclause shall not apply to information submitted as required by law or as a condition of receiving a governmental contract or other bene?t; proposals and bids to enter into any contract or agreement until the time for the opening of bids in the case of proposals or bids to be opened publicly, and until the time for the receipt of bids or proposals has expired in all other cases; and inter-agency or intra-agency communications made in connection with an evaluation process for reviewing bids or proposals, prior to a decision to enter into negotiations with or to award a contract to, a particular person; appraisals of real property acquired or to be acquired until (I) a ?nal agreement is entered into; or (2) any litigation relative to such appraisal has been terminated; or (3) the time within which to commence such litigation has expired; the names and addresses of any persons contained in, or referred to in, any applications for any licenses to carry or possess ?rearms issued pursuant to chapter one hundred and forty or any ?rearms identi?cation cards issued pursuant to said chapter one hundred and forty and the names and addresses on sales or transfers of any ?rearms, rifles, shotguns, or machine guns or ammunition therefor, as de?ned in said chapter one hundred and forty and the names and addresses on said licenses or cards; There is no subclause (I) questions and answers, scoring keys and sheets and other materials used to develop, administer or score a test, examination or assessment instrument; provided, however, that such materials are intended to be used for another test, examination or assessment instrument; Reply Add . 00 6 WE Alf-J 7. Definitions of statutory terms; statutory construction, MA ST 4 7 contracts for hospital or related health care services between any hospital, clinic or other health care facility operated by a unit of state, county or municipal government and (ii) a health maintenance organization arrangement approved under chapter one hundred and seventy-six I, a nonpro?t hospital service corporation or medical service corporation organized pursuant to chapter one hundred and seventy-six A and chapter one hundred and seventy-six B, respectively, a health insurance corporation licensed under chapter one hundred and seventy-?ve or any legal entity that is self insured and provides health care bene?ts to its employees. (11) records, including, but not limited to, blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons or buildings, structures, facilities, utilities, transportation or other infrastructure located within the commonwealth, the disclosure of which, in the reasonable judgment of the record custodian, subject to review by the supervisor of public records under subsection of section 10 of chapter 66, is likely to jeopardize public safety. the home address and home telephone number of an employee of the judicial branch, an unelected employee of the general court, an agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of a political subdivision thereof or of an authority established by the general court to serve a public purpose, in the custody of a government agency which maintains records identifying persons as falling within those categories; provided that the information may be disclosed to an employee organization under chapter 150E, a nonpro?t organization for retired public employees under chapter 180, or a criminal justice agency as defined in section 167 of chapter 6. the name, home address and home telephone number of a family member of a commonwealth employee, contained in a record in the custody of a government agency which maintains records identifying persons as falling within the categories listed in subclause Adoption contact information and indices therefore of the adoption contact registry established by section 31 of chapter 46. Information and records acquired under chapter 18C by the of?ce of the child advocate. trade secrets or con?dential, competitively-sensitive or other proprietary information provided in the course of activities conducted by a governmental body as an energy supplier under a license granted by the department of public utilities pursuant to section 1F of chapter 164, in the course of activities conducted as a municipal aggregator under section 134 of said chapter 164 or in the course of activities conducted by a cooperative consisting of governmental entities organized pursuant to section 136 of said chapter 164, when such governmental body, municipal aggregator or cooperative determines that such disclosure will adversely affect its ability to conduct business in relation to other entities making, selling or distributing electric power and energy; provided, however, that this subclause shall not exempt a public entity from disclosure required of a private entity so licensed. statements ?led under section 20C of chapter 32. (11) trade secrets or other proprietary information of the University of Massachusetts, including trade secrets or proprietary information provided to the University by research sponsors or private concerns. Any person denied access to public records may pursue the remedy provided for in section ten of chapter sixty-six. Twenty-seventh, ?Salary? shall mean annual salary. Reply Add . 007 WE Alf-J 7. Definitions of statutory terms; statutory construction, MA ST 4 7 Twenty-eighth, ?Savings banks? shall include institutions for savings. There is no clause Thirtieth, shall mean a person who is liable to be put under guardianship on account of excessive drinking, gaming, idleness or debauchery. Thirty-?rst, ?State?, when applied to the different parts of the United States, shall extend to and include the District of Columbia and the several territories; and the words ?United States? shall include said district and territories. Thirty-second, ?State auditor? and ?state secretary? shall mean respectively the auditor of the commonwealth and the secretary of the commonwealth. ?State treasurer? or ?treasurer of the commonwealth? shall mean the treasurer and receiver general as used in the constitution of the commonwealth, and shall have the same meaning in all contracts, instruments, securities and other documents. Thirty-third, ?Swear? shall include af?rm in cases in which an af?rmation may be substituted for an oath. When applied to public of?cers who are required by the constitution to take oaths therein prescribed, it shall refer to those oaths; and when applied to any other of?cer it shall mean sworn to the faithful performance of his of?cial duties. Thirty-fourth, ?Town?, when applied to towns or of?cers or employees thereof, shall include city. Thirty-?fth, ?Valuation?, as applied to a town, shall mean the valuation of such town as determined by the last preceding apportionment made for the purposes of the state tax. Thirty-sixth, ?Water district? shall include water supply district. Thirty-seventh, ?Will? shall include codicils. Thirty-eighth, ?Written? and ?in writing? shall include printing, engraving, lithographing and any other mode of representing words and letters; but if the written signature of a person is required by law, it shall always be his own handwriting or, if he is unable to write, his mark. Thirty-ninth, ?Annual election?, as applied to municipal elections in cities holding such elections biennially, shall mean biennial election. Fortieth, ?Surety? or ?Sureties?, when used with reference to a ?delity bond of an of?cer or employee of a county, city, town or district, shall mean a surety company authorized to transact business in the commonwealth. Forty-?rst, ?Population?, when used in connection with the number of inhabitants of a county, city, town or district, shall mean the population as determined by the last preceding national census. There is no clause Forty-third, ?Veteran? shall mean (1) any person, whose last discharge or release from his wartime service as de?ned herein, was under honorable conditions and who served in the army, navy, marine corps, coast guard, or air force of the United States, or on full time national guard duty under Titles 10 or 32 of the United States Code or under sections 38, 40 and 41 of chapter 33 for not less than 90 days active service, at least 1 day of which was for wartime service; provided, however, than any person who so served in wartime and was awarded a service-connected disability Reply Add . 008 WE Alf-J 7. Definitions of statutory terms; statutory constructionPurple Heart, or who died in such service under conditions other than dishonorable, shall be deemed to be a veteran notwithstanding his failure to complete 90 days of active service; (2) a member of the American Merchant Marine who served in armed con?ict between December 7, 1941 and December 31, 1946, and who has received honorable discharges from the United States Coast Guard, Army, or Navy; (3) any person whose last discharge from active service was under honorable conditions, and who served in the army, navy, marine corps, coast guard, or air force of the United States for not less than 180 days active service; provided, however, that any person who so served and was awarded a service-connected disability or who died in such service under conditions other than dishonorable, shall be deemed to be a veteran notwithstanding his failure to complete 180 days of active service. ?Wartime service? shall mean service performed by a ?Spanish War veteran?, a ?World War I veteran?, a ?World War II veteran?, a ?Korean veteran?, a ?Vietnam veteran?, a ?Lebanese peace keeping force veteran?, a ?Grenada rescue mission veteran?, a ?Panamanian intervention force veteran?, a ?Persian Gulf veteran?, or a member of the as de?ned in this clause during any of the periods of time described herein or for which such medals described below are awarded. ?Spanish War veteran? shall mean any veteran who performed such wartime service between February fifteenth, eighteen hundred and ninety-eight and July fourth, nineteen hundred and two. ?World War I veteran? shall mean any veteran who performed such wartime service between April sixth, nineteen hundred and seventeen and November eleventh, nineteen hundred and eighteen, or has been awarded the World War I Victory Medal, or performed such service between March twenty-fifth, nineteen hundred and seventeen and August ?fth, nineteen hundred and seventeen, as a Massachusetts National Guardsman. ?World War II veteran? shall mean any veteran who performed such wartime service between September 16, 1940 and July 25, 1947, and was awarded a World War II Victory Medal, except that for the purposes of chapter 31 it shall mean all active service between the dates of September 16, 1940 and June 25, 1950. ?Korean veteran? shall mean any veteran who performed such wartime service between June twenty-fifth, nineteen hundred and ?fty and January thirty-first, nineteen hundred and ?fty-five, both dates inclusive, and any person who has received the Korea Defense Service Medal as established in the Bob Stump National Defense Authorization Act for ?scal year 2003. ?Korean emergency? shall mean the period between June twenty-fifth, nineteen hundred and fifty and January thirty- first, nineteen hundred and ?fty-five, both dates inclusive. ?Vietnam veteran? shall mean (1) any person who performed such wartime service during the period commencing August ?fth, nineteen hundred and sixty-four and ending on May seventh, nineteen hundred and seventy-five, both dates inclusive, or (2) any person who served at least one hundred and eighty days of active service in the armed forces of the United States during the period between February first, nineteen hundred and ?fty-five and August fourth, nineteen hundred and sixty-four; provided, however, that for the purposes of the application of the provisions of chapter thirty- one, it shall also include all active service between the dates May seventh, nineteen hundred and seventy-?ve and June fourth, nineteen hundred and seventy-six; and provided, further, that any such person who served in said armed forces during said period and was awarded a service-connected disability or 3 Purple Heart, or who died in said service under conditions other than dishonorable, shall be deemed to be a veteran notwithstanding his failure to complete one hundred and eighty days of active service. ?Lebanese peace keeping force veteran? shall mean any person who performed such wartime service and received a campaign medal for such service during the period commencing August twenty-?fth, nineteen hundred and eighty-two and ending when the President of the United States shall have withdrawn armed forces from the country of Lebanon. Reply Add . 00 9 WE AW 7. Definitions of statutory terms; statutory construction, MA ST 4 7 ?Grenada rescue mission veteran? shall mean any person who performed such wartime service and received a campaign medal for such service during the period commencing October twenty-fifth, nineteen hundred and eighty-three to December ?fteenth, nineteen hundred and eighty-three, inclusive. ?Panamanian intervention force veteran? shall mean any person who performed such wartime service and received a campaign medal for such service during the period commencing December twentieth, nineteen hundred and eighty-nine and ending January thirty-first, nineteen hundred and ninety. ?Persian Gulf veteran? shall mean any person who performed such wartime service during the period commencing August second, nineteen hundred and ninety and ending on a date to be determined by presidential proclamation or executive order and concurrent resolution of the Congress of the United States. shall mean any woman who was discharged and so served in any corps or unit of the United States established for the purpose of enabling women to serve with, or as auxiliary to, the armed forces of the United States and such woman shall be deemed to be a veteran. None of the following shall be deemed to be a ?veteran?: Any person who at the time of entering into the armed forces of the United States had declared his intention to become a subject or citizen of the United States and withdrew his intention under the provisions of the act of Congress approved July ninth, nineteen hundred and eighteen. Any person who was discharged from the said armed forces on his own application or solicitation by reason of his being an enemy alien. Any person who has been proved guilty of wilful desertion. Any person whose only service in the armed forces of the United States consists of his service as a member of the coast guard auxiliary or as a temporary member of the coast guard reserve, or both. Any person whose last discharge or release from the armed forces is dishonorable. ?Armed forces? shall include army, navy, marine corps, air force and coast guard. ?Active service in the armed forces?, as used in this clause shall not include active duty for training in the army national guard or air national guard or active duty for training as a reservist in the armed forces of the United States. Forty-fourth, ?Registered mail?, when used with reference to the sending of notice or of any article having no intrinsic value shall include certified mail. Forty-?fth, ?Pledge?, ?Mortgage?, ?Conditional Sale?, ?Lien?, ?Assignment? and like terms, when used in referring to a security interest in personal property shall include a corresponding type of security interest under chapter one hundred and six of the General Laws, the Uniform Commercial Code. Forty-sixth, ?Forester?, ?state forester? and ?state fire warden? shall mean the commissioner of environmental management or his designee. Reply Add . 010 WE Alf-J 7. Definitions of statutory terms; statutory construction, MA ST 4 7 Forty-seventh, ?Fire ?ghter?, ??reman? or ?permanent member of a ?re department?, shall include the chief or other uniformed of?cer performing similar duties, however entitled, and all other ?re of?cers of a ?re department, including, without limitation, any permanent crash crewman, crash boatman, ?re controlman or assistant ?re controlman employed at the General Edward Lawrence Logan International Airport, members of the 104th ?ghter wing ?re department or members of the Massachusetts military reservation ?re department. Forty-eighth, ?Minor? shall mean any person under eighteen years of age. Forty-ninth, ?Full age? shall mean eighteen years of age or older. Fiftieth, ?Adult? shall mean any person who has attained the age of eighteen. Fifty-?rst, ?Age of majority? shall mean eighteen years of age. Fifty-second, ?Superior court? shall mean the superior court department of the trial court, or a session thereof for holding court. Fifty-third, ?Land court? shall mean the land court department of the trial court, or a session thereof for holding court. Fifty-fourth, ?Probate court?, ?court of insolvency? or ?probate and insolvency court? shall mean a division of the probate and family court department of the trial court, or a session thereof for holding court. Fifty-?fth, ?Housing court? shall mean a division of the housing court department of the trial court, or a session thereof for holding court. Fifty-sixth, ?District court? or ?municipal court? shall mean a division of the district court department of the trial court, or a session thereof for holding court, except that when the context means something to the contrary, said words shall include the Boston municipal court department. Fifty-seventh, ?Municipal court of the city of Boston? shall mean the Boston municipal court department of the trial court, or a session thereof for holding court. Fifty-eighth, ?Juvenile court? shall mean a division of the juvenile court department of the trial court, or a session thereof for holding court. Fifty-ninth, ?Gender identity? shall mean a person?s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person?s physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held as part of a person?s core identity; provided, however, that gender-related identity shall not be asserted for any improper purpose. Credits Amended by St.1934, c. 283; St.1935, c. 26; St.1936, c. 180; St.1937, c. 38; St.1938, c. 245; St.1941, c. 91, 1; St.1941, c. 509, 1; St.1945, c. 242, 1; St.1945, c. 190; St.1948, c. 241; St.1951, c. 215,? 1; St.1953, c. 319, 2; St.1954, c. 128, 1; St.1954, c. 627, 1; St.1955, c. 99, 1, 2; St.1955, c. 403, 1; St.1955, c. 683; St. 1956, c. 281, 1, 2; St.1957, c. 164, 1; St.1957, c. 765, 3; St.1958, c. 140; St.1958, c. 626, 1; St.1960, c. 299; St.1960, c. 544, 1; St.1960, c. 812, 1; St.1962, c. 427, 1; St.1962, c. 616, 1; St.1964, c. 322; St.1965, c. 875, l, 2; St.1966, c. 716; St.1967, c. 437; St.1967, c. 844, 23; St.1968, c. 24, 1; St.1968, c. 531, 1; St.1969, c. 831, 2; St.1970, c. 215, 1; Reply Add . 01 1 WE AW 7. Definitions of statutory terms; statutory construction, MA ST 4 7 St.l973, c. 925, 1; St.l973, c. 1050, 1; St.l974, c. 205, 1; St.l974, c. 493, 1; St.l975, c. 706, 2; St.l976, c. 112, 1; St.l976, c. 156; St.l977, c. 130; St.l977, c. 691, 1; St.l977, c. 977; St.l978, c. 12; St.l978, c. 247; St.l978, c. 478, 2; St.l979, c. 230; St.l982, c. 189, 2; St.l983, c. 113; St.l984, c. 363, 1 to 4; St.l985, c. 114; St.l985, c. 220; St.l985, c. 451, 1; St.l986, c. 534, 1, 2; St.l987, c. 465, c. 522, 1; St.l987, c. 587, 1; St.l988, c. 180, 1; St.l989, c. 665, l;St.1991, c. 109, 1, 2; St.l992, c. 133, 169; St.l992, c. 286, 1; St.l992, c. 403, 1; St.l996, c. 204, 3; St.l996, c. 450, 1 to 4; St.2002, c. 313, 1; St.2004, c. 116, 1, eff. Aug. 26, 2004; St.2004, c. 122, 2, eff. Sept. 1, 2004; St.2004, c. 149, 8, eff. July 1, 2004; St.2004, c. 349, eff. Dec. 15, 2004; St.2005, c. 130, 1, eff. Nov. 11, 2005; St.2007, c. 109, 1, eff. Dec. 5, 2007; St.2008, c. 176, 2, eff. July 8, 2008; St.2008, c. 308, 1, eff. Sept. 1, 2008; St.2008, c. 445,? 1, eff. Mar. 30, 2009; St.2010, c. 131, 5, eff. July 1, 2010; St.201 1, c. 176, 1, eff. Feb. 16, 2012; St.201], c. 194, 3, eff. Nov. 22, 2011; St.201], c. 199, 1, eff. July 1, 2012; St.2012, c. 139, 5, eff. July 1, 2012; St.2013, c. 38, 4, eff. July 1, 2013; St.2014, c. 313,? 1, eff. Sept. 9, 2014. Notes of Decisions (164) M.G.L.Current through Chapter 282 of the 2016 2nd Annual Session End of Document (3 20 6 Thomson Reuters. No a to or nu US. Works. Reply Add. 012 WESTLAW 20M Hurnmm metws. No to wmmal U8. 10. Public inspection and copies of records; presumption; exceptions, MA ST 66 10 KeyC te Ye ow ag Negat ve Treatment Proposed Leg 3 at on Massachusetts General Laws Annotated Part 1. Administration of the Government (Ch. 1-182) Title X. Public Records (Ch. 66-66a) Chapter 66. Public Records (Refs Annos) M.G.L.A. 66 10 10. Public inspection and copies of records; presumption; exceptions Effective: November 4, 2010 to December 31, 2016 Currentness Every person having custody of any public record, as de?ned in clause Twenty-sixth of section seven of chapter four, shall, at reasonable times and without unreasonable delay, permit it, or any segregable portion of a record which is an independent public record, to be inspected and examined by any person, under his supervision, and shall furnish one copy thereof upon payment of a reasonable fee. Every person for whom a search of public records is made shall, at the direction of the person having custody of such records, pay the actual expense of such search. The following fees shall apply to any public record in the custody of the state police, the Massachusetts bay transportation authority police or any municipal police department or ?re department: for preparing and mailing a motor vehicle accident report, ?ve dollars for not more than six pages and ?fty cents for each additional page; for preparing and mailing a ?re insurance report, ?ve dollars for not more than six pages plus ?fty cents for each additional page; for preparing and mailing crime, incident or miscellaneous reports, one dollar per page; for furnishing any public record, in hand, to a person requesting such records, ?fty cents per page. A page shall be de?ned as one side of an eight and one-half inch by eleven inch sheet of paper. A custodian of a public record shall, within ten days following receipt of a request for inspection or copy of a public record, comply with such request. Such request may be delivered in hand to the of?ce of the custodian or mailed via ?rst class mail. If the custodian refuses or fails to comply with such a request, the person making the request may petition the supervisor of records for a determination whether the record requested is public. Upon the determination by the supervisor of records that the record is public, he shall order the custodian of the public record to comply with the person's request. If the custodian refuses or fails to comply with any such order, the supervisor of records may notify the attorney general or the appropriate district attorney thereof who may take whatever measures he deems necessary to insure compliance with the provisions of this section. The administrative remedy provided by this section shall in no way limit the availability of the administrative remedies provided by the commissioner of administration and finance with respect to any of?cer or employee of any agency, executive of?ce, department or board; nor shall the administrative remedy provided by this section in any way limit the availability of judicial remedies otherwise available to any person requesting a public record. If a custodian of a public record refuses or fails to comply with the request of any person for inspection or copy of a public record or with an administrative order under this section, the supreme judicial or superior court shall have jurisdiction to order compliance. In any court proceeding pursuant to paragraph there shall be a presumption that the record sought is public, and the burden shall be upon the custodian to prove with speci?city the exemption which applies. Reply Add . 013 WESTLAW 10. Public inspection and copies of records; presumption; exceptions, MA ST 66 10 The clerk of every city or town shall post, in a conspicuous place in the city or town hall in the vicinity of the clerk's of?ce, a brief printed statement that any citizen may, at his discretion, obtain copies of certain public records from local of?cials for a fee as provided for in this chapter. The commissioner of the department of criminal justice information services, the department of criminal justice information services and its agents, servants, and attorneys including the keeper of the records of the ?rearms records bureau of said department, or any licensing authority, as defined by chapter one hundred and forty shall not disclose any records divulging or tending to divulge the names and addresses of persons who own or possess ?rearms, ri?es, shotguns, machine guns and ammunition therefor, as de?ned in said chapter one hundred and forty and names and addresses of persons licensed to carry and/or possess the same to any person, ?rm, corporation, entity or agency except criminal justice agencies as de?ned in chapter six and except to the extent such information relates solely to the person making the request and is necessary to the of?cial interests of the entity making the request. The home address and home telephone number of law enforcement, judicial, prosecutorial, department of youth services, department of children and families, department of correction and any other public safety and criminal justice system personnel, and of unelected general court personnel, shall not be public records in the custody of the employers of such personnel or the public employee retirement administration commission or any retirement board established under chapter 32 and shall not be disclosed, but such information may be disclosed to an employee organization under chapter 150E, a nonpro?t organization for retired public employees under chapter 180 or to a criminal justice agency as de?ned in section 167 of chapter 6. The name and home address and telephone number of a family member of any such personnel shall not be public records in the custody of the employers of the foregoing persons or the public employee retirement administration commission or any retirement board established under chapter 32 and shall not be disclosed. The home address and telephone number or place of employment or education of victims of adjudicated crimes, of victims of domestic violence and of persons providing or training in family planning services and the name and home address and telephone number, or place of employment or education of a family member of any of the foregoing shall not be public records in the custody of a government agency which maintains records identifying such persons as falling within such categories and shall not be disclosed. Credits Amended by St.l948, c. 550, 5; St.l973, c. 1050, 3; St.l976, c. 438, 2; St.l978, c. 294; St.l982, c. 189, 1; St.l982, c. 477; St.l983, c. 15; St.l99l, c. 412, 55; St.l992, c. 286, 146; St.l996, c. 39, 1; St.l996, c. 151, 210; St.l998, c. 238; St.2000, c. 159, 133; St.2004, c. 149, 124, eff. July 1, 2004; St.2008, c. 176, 61, eff. July 8, 2008; St.2010, c. 256, 58, 59, eff. Nov. 4, 2010. Notes of Decisions (182) M.G.L.Current through Chapter 282 of the 2016 2nd Annual Session End of Document 30 6 Thomson Reuters. No a to or nu US. (1m Works. Reply Add . 014 A?v'a?