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NECIR, WGBH host panel discussion about public records law

The new Public Records Law, which came into effect on Jan. 1, is the first major freedom of information overhaul in Massachusetts in more than 40 years. PHOTO COURTESY WIKIMEDIA COMMONS
The new Public Records Law, which came into effect on Jan. 1, is the first major freedom of information overhaul in Massachusetts in more than 40 years. PHOTO COURTESY WIKIMEDIA COMMONS

The New England Center for Investigative Reporting and WGBH co-hosted a panel discussion Wednesday to inform journalists and citizens about recent changes to the Massachusetts Public Records Law.

Several changes to the law went into effect on Jan. 1, which includes limiting fees for obtaining public records, shortening deadlines for agencies to provide requested documents and designating Records Access Officers to assist individuals who are seeking public records, according to the guideline published by Secretary of the Commonwealth William Galvin.

On June 3, Massachusetts Gov. Charlie Baker signed Bill H.4333, “An Act to Improve Public Records,” into law, which marked the first major update to the state’s public records law in more than 40 years, according to the guideline.

Under the revised law, a government agency failing to comply with the Public Records Law can be ordered to pay legal fees, agencies are required to provide records to requesters within 10 business days and documents must be available in electronic format, according to the guideline.

Jenifer McKim, a senior investigative reporter at the NECIR and moderator of Wednesday’s panel discussion, said she thinks the updates have the potential to help journalists obtain information.

“I think there’s definitely some steps in the right direction, which will help journalists and watchdog reporters do their work,” McKim said. “Public records are key to holding government accountable, to telling stories and to being watchdogs. To understand what’s happening in our government is to be able to look at sources.”

McKim said one of her biggest takeaways from the panel was the importance of professional and student journalists understanding public records laws.

“It’s clear to me that not even a lot of government officials know what they’re supposed to be providing,” McKim said. “It behooves [journalists] to understand the laws and fight for our rights in that way.”

Dan Kennedy, a professor of journalism at Northeastern University, wrote in an email that several of the law’s new provisions may expedite access to public records, but the law’s narrow scope makes it less effective.

“It’s important to keep in mind that there are several large parts of government that are still not covered by the law — the state legislature, the governor’s office and the judiciary,” Kennedy wrote. “That is a significant shortcoming.”

Kennedy wrote that it is important to address these changes to the law during the new administration.

“At a time when the public is beginning to wake up to journalism’s role in holding power accountable, it’s certainly a good thing that Massachusetts is becoming more open and transparent,” Kennedy wrote.

Several Boston residents said they think it is important for journalists to have access to public records, so they can disseminate truthful information.

Mark Hegarty, 45, of Dorchester, said journalists should have access to all public information.

“Public records contribute to journalism because they show the truth and they’re not somebody’s opinion,” Hegarty said. “The only way you’re going to get the truth out is if you have all the information.”

Jonathan Zdasiuk, 21, of Back Bay, said public records should be easily accessible, although he understands the importance of keeping some information private.

“There’s some stuff that should be public and some that should be private and … protected by the law,” Zdasiuk said. “Public records are important so people can see what the government is doing.”

Mark Rockwell, 31, of Allston, said he is not familiar with the changes to the Massachusetts Public Records Law, but ideally journalists should have access to the information they need.

“I would hope that journalists should have all-access to be able to make fair assessments and judgements of what they’re reporting on so that they’re not ignorant to the facts,” Rockwell said.

Rockwell said he believes journalism is necessary, but he hopes it will change over the course of Trump’s administration.

“I hope that more people find a place in journalism and more people will become comfortable sharing their thoughts and opinions, but also that we’re very honed in on the true facts,” Rockwell said. “There’s more of a need for truth right now and not just people’s opinions of the truth.”

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