Public Records Requests

The following information is offered to guide the public in gaining access to public records in the custody of the Northern Middlesex Council of Governments (NMCOG). The information contained herein is not exhaustive, and any questions or concerns regarding public records should be directed to the Records Access Officer listed below.

NMCOG is committed to open government and aims to improve transparency by providing access to public information. Massachusetts law protects the right to access public information and has long mandated government disclosure of records. NMCOG fulfills this responsibility to the community by proactively posting commonly requested documents to its website and by providing access to or copies of public records upon request. If you do not find the content you seek on the website, submit a Public Records Request.

Public records are broadly defined in Massachusetts law. Public records include nearly all documentary materials or data of any form generated, received or maintained by NMCOG, its employees, boards, and committees. In order to protect certain privacy and security interests, there are certain narrowly defined statutory exemptions prohibiting particular public records, or portions thereof, from disclosure pursuant to M.G.L. c.4§7. View the list of public record exemptions.

For more information regarding public records law in Massachusetts, please visit the Secretary of State’s website.

Read the full text of Public Records Access Regulations (950 CMR 32.00) effective January 1, 2017.

What Public Records are Available?

Certain commonly requested records are regularly posted to the website for viewing at your convenience, including:

Agendas and Minutes
Bylaws
GIS Maps
RFPs/ Bids

How Do I Access Public Records?

If you are not able to locate the desired record on the website, you may submit a Public Records Request at any time by completing the Public Records Request Form. This form is intended to facilitate an efficient and timely response to your request. You may also submit your request in writing directly to the Records Access Officer. This can be done electronically via email, or by hard copy via USPS mail, or in-person delivery at the respective address listed below.

You may request to inspect, copy, and/or receive copies of the requested records. NMCOG is required to provide copies of records in an electronic format, unless such a format is not available or you cannot receive the records in electronic format.

How Long Will it Take to Receive the Records?

In most cases, you will have the opportunity to inspect the records in the possession of NMCOG during regular business hours or will receive copies of the records within 10 business days. The computation of time begins with the first business day following the date of transmission (electronic requests) or receipt of your request (mail or in-person requests).

In certain cases, if the nature of the Public Records Request is particularly voluminous or of a highly sensitive nature, it may take longer than 10 business days to provide for an inspection or to transmit copies of the requested records. In these cases, you will receive a preliminary written response notifying you of the intention to provide records at an interval not to exceed 25 days from the initial request. If a request is especially complex, NMCOG may need to petition the Supervisor of Records for a formal extension beyond 25 days. You will receive a copy of any such petition made by NMCOG to the Supervisor of Records.

In rare cases, you may be denied access to certain records due to statutory exemption(s) from disclosure or on the basis of common law privilege, such as that which exists between an attorney and client. You will receive a detailed written notice of any such denial.

If your Public Records Request is not clear or reasonably descriptive, or is unreasonably burdensome, the Records Access Officer will contact you for clarification or potential modification of the scope of your Public Records Request. NMCOG strives to make public information readily available and easily accessible through a prompt and accurate response to Public Records Requests.

Will There Be a Fee?

In most cases, there will not be a fee to access public records, as there is no fee for the first two hours of time spent producing the requested records, and there is no cost associated with transmitting the records electronically via email.

In the event that there will be a fee associated with fulfilling your Public Records Request due to it being especially complex, voluminous, or of a highly sensitive nature, you will be provided with a written, good-faith estimate of the cost prior to fulfilling the Public Records Request. Ultimately, the fee shall not exceed the actual cost of fulfilling the Public Records Request, which may include costs associated with printing, photocopying, or other forms of physical reproduction, postage, data storage devices, and employee production time. Any such fee shall be provided prior to fulfillment of the Public Records Request.

Please note that NMCOG may waive the fee upon showing that disclosure of the requested records is in the public interest and contributes significantly to public understanding, or upon a showing that the requester lacks the financial ability to pay.

Appeals

If you are aggrieved by the response of the Records Access Officer, or if you believe the Records Access Officer failed to comply with a requirement of 950 CMR 32.00, you may appeal in writing to the Supervisor of Records. Visit the Secretary of State's website for more information.