The bill amends several sections of Chapter 38-2 of the General Laws, which governs "Access to Public Records," to enhance public access while balancing individual privacy rights. Key insertions include a clearer definition of "public body" to include police departments of private educational institutions and a specification that public records encompass various forms of documentation, with exemptions for certain records such as medical and personnel records.
The bill clarifies that police reports of incidents that do not lead to an arrest are accessible to public records requests, and it mandates that final reports of investigations conducted by internal affairs units are public records. It also establishes that all police body-worn camera recordings are accessible to the public, particularly in incidents involving police use of force, and must be made available within thirty days of a request.
Additionally, the bill requires public bodies to maintain written minutes of meetings, establish clear procedures for public record requests, and post these procedures online. Public records requests can be submitted in multiple formats, including in person, by regular and electronic mail, and, at the public body's discretion, by fax or online portal. Public bodies are required to respond to requests within ten business days, with an extension of up to twenty days for complex requests.
The bill addresses vexatious requests that disrupt government operations, allowing public bodies to seek court relief under specific conditions. It establishes that settlement agreements involving governmental entities are public records and mandates annual reporting by the attorney general on public records access complaints. Notably, it increases penalties for violations of public records laws, with civil fines for knowing and willful violations raised from $2,000 to $4,000, and for reckless violations from $1,000 to $2,000. The cost structure for obtaining records is revised, including a reduction in the per-page copying fee from fifteen cents to five cents, and provisions for fee waivers in certain circumstances. Overall, the amendments aim to improve transparency and accountability in public records management.
Statutes affected: 6273: 39-21.1-17