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.
Deliberative Process
Also known as G.L. c. 4, ยง 7, cl. 26 (d).
Thank you to Caitlin Russell 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.
This exemption excludes from disclosure any internal inter-agency or intra-agency documents pertaining to a police that is currently being deliberated upon.
Proper Use
Agencies may cite this exemption while withholding documents pertaining to a policy about the agency is in the process of developing.
Improper Use
Agencies may not use this exemption to withhold documents pertaining to policies that have been completed, and are no longer being deliberated upon.
Key Citations
Babets v. Secretary of the Exec. Office of Human Services (1988)