Welcome to MuckRock's Massachusetts Public Records Law appeal guide!
Each entry provides background and context about an exemption to the public records laws in all fifty states, as well as federal FOIA. Read more about Massachusetts's public records law or explore all our expert FOIA guides. Have a public records appeal or information on an exemption we should include? Consider sharing your knowledge with everyone by donating your FOIA appeal language.
Constructive Denial
Thank you to JPat Brown for contributing to this entry. This guide is for informational purposes only, is general in nature, and is not legal opinion nor legal advice regarding any specific issue or factual circumstance.
A constructive denial is when an agency does not provide you the records requested, but doesn’t explicitly reject your request either. They might have just never responded, or they may have acknowledged your request but not completed it within the statutory time frame. There is no legal basis for an agency being completely unresponsive. This behavior is specifically recognized in the law as being inappropriate/illegal.
Example Appeals
Additional language useful for appealing constructive denial rejections, which should be edited before sending.
Dear Supervisor of Records,
I would like to submit an appeal for communications and documents that were not provided in a {date_of_request} records request to the {agency_name}.
The request sought the following:
{Text of initial request of records sought}
The reason(s) for this appeal are listed below:
{Editor's Note: Pick the ones below that apply for you!}
* The public body failed to respond to my public records request within the required 10 business days, contrary to the stipulations of the Massachusetts Public Records Law.
* The public body requested the maximum extension of 30 business days to collect, segregate and examine the records. Evidence exists that a portion of the requested records were not provided after the 30 day extension.
* The response to my request was incomplete and did not address all the components of my inquiry, which I believe constitutes non-compliance with the law.
* The public body failed to comply with previous instructions or directives issued by the Supervisor of Records in response to earlier stages of my request.
* The public body appears to be employing delay tactics in fulfilling my request, which I perceive as an attempt to stall the provision of the requested records.In accordance with the principle that there is a presumption of public access to records and that the burden shall be on a government body to demonstrate, through a preponderance of evidence, any withheld record or portion thereof is exempt under state or federal law, I respectfully request your intervention in addressing this denial of access to public records as stipulated by M.G.L. c.4, §7(26) and c.66, §10. Your assistance in facilitating access to these records is crucial for fostering transparent understanding of government operations concerning this matter.
Sincerely,
(Requestor)
A basic appeal if the agency hasn’t responded to you.
Massachusetts G. L. c. 66, § 10(a-b); 950 CMR 32.06(2)(a) specifically requires that an agency provide a response to a public records request within ten business days of receipt of that request.
By failing to respond to this request within the legally-mandated timeframe, this agency is in violation of the law.
Please provide acknowledgement of this request and the responsive materials forthwith. If such materials cannot be produced, please provide an appropriate explanation for this rejection, as is dictated by this agency's legal obligations under Massachusetts Public Records LAw. Your accelerated attention to this matter will be greatly appreciated.
Proper Use
An agency has ten days to respond to the initial request.
Improper Use
According to the SPR’s public records guide, “The RAO must respond to requests without unreasonable delay and within ten business days” - an agency that hasn’t responded within that timeframe is in violation of the law.