Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 32.00 - Public Records Access › Section 32.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				950 CMR
				32.00 unless the context otherwise requires, the
				following terms shall have the meanings indicated:
Advisory Opinion
. An opinion issued by
				the Supervisor of Public Records intended to provide guidance on issues related
				to public records access and retention.
Agency
. Any agency, executive office,
				department, board, commission, bureau, division or authority of the
				commonwealth that is identified in M.G.L. c. 66, § 6A and c. 4, § 7,
				clause Twenty-sixth and makes or receives "public records", as defined in 950
				CMR 32.02.
Agency
includes any person, corporation,
				association, partnership or other legal entity which receives 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 defined in M.G.L.
				c. 32, § 1.
Business Day
. Monday through Friday.
				Business day does not include Saturdays, Sundays, legal holidays, or other
				weekdays where a custodian's office is closed unexpectedly.
Commercial Purpose
. The sale or resale
				of any portion of the public record or the use of information from the public
				record to advance the requester's strategic business interests in a manner that
				the requester can reasonably expect to make a profit including in addition to
				the foregoing, obtaining names and addresses from the public record for the
				purpose of solicitation. It does not include gathering or reporting news or
				gathering information to promote citizen oversight or further the understanding
				of the operation or activities of government or for academic, scientific,
				journalistic, or public research or education.
Custodian
. Any governmental entity
				that makes or receives public records.
Division
. Division of Public Records,
				Office of the Secretary of the Commonwealth of Massachusetts.
Governmental Entity
. Any agency or
				municipality as defined in 950 CMR 32.02. It includes any quasi-governmental
				agency that is considered a body politic and corporate or public
				instrumentality. It does not include the legislature and the judiciary.
Municipality
. Cities and towns, local
				housing, redevelopment or similar authorities. A consortium, consolidation or
				combination of entities within a single political subdivision of the
				commonwealth or among multiple political subdivisions of the commonwealth shall
				be deemed a municipality.
Public Record
. All books, papers,
				maps, photographs, recorded tapes, financial statements, statistical
				tabulations, or other documentary materials or data, regardless of physical
				form or characteristics, made or received by a governmental entity unless such
				materials or data fall within one or more of the exemptions found within M.G.L.
				c. 4, § 7, clause Twenty-sixth or other legally applicable
				privileges.
Records Access Officer
. The employee
				designated within a governmental entity to perform duties described in
				950 CMR
				32.00 including coordinating a response to requests
				for access to public records, assisting individuals seeking public records in
				identifying the records requested, and preparing guidelines that enable
				requesters to make informed requests regarding the availability of such public
				records electronically or otherwise.
Requester
. Any person or entity
				seeking to inspect or obtain copies of public records.
Redact
. To delete, or otherwise
				expurgate that part of a public record that is exempt from disclosure under
				M.G.L. c. 4, § 7, clause Twenty-sixth or other legally applicable
				privileges from non-exempt material.
Search Time
. The time needed to locate
				and identify, pull from the files, copy and reshelve or refile a public record.
				However, it shall not include the time expended to create the original
				record.
Secretary
. The Secretary of the
				Commonwealth of Massachusetts.
Segregation Time
. The time used to
				review records to determine what portions are subject to redaction or
				withholding under M.G.L. c. 4, § 7, clause Twenty-sixth or other legally
				applicable privileges. Segregation time shall not include time expended to
				review record for accuracy and correct errors.
Supervisor
. Supervisor of Public
				Records or Supervisor of Records.
Withhold
. To hold back from disclosure
				a record under M.G. L. c. 4, § 7, clause Twenty-sixth or other legally
				applicable privileges.