Appealing a rejection of an information request

Appealing a rejection of an information request

I recently requested documents from the Massachusetts Attorney General's office regarding a labor complaint.
The request was rejected by the AG's office on the grounds that it would, under state law, "compromise effective law enforcement."

I'm wondering about the proper form for appealing the decision. Do I simply need a letter stating I appeal the decision, or should I add some explanation as to why I think the decision was wrong?


Appealing a denial of a public records request

I recommend that you check out our Legal Guide on Access to Public Records in Massachusetts, which addresses what to do in the event that a request under the Public Records Law in Massachusetts is denied.  Another very helpful guide is the Secretary of the Commonwealth's guide to the Public Records Law.

The short answer is that you have a right of appeal to the Supervisor of Public Records within 90 days of your original request (NOT from the denial of your request).  The appeal must contain your original request, the response denying your request, and a brief letter explaining the reasons for your appeal.  A very useful bulletin from the Supervisor of Public Records can be found here.  Although it relates to public records requests made to police agencies, it can be helpful in developing a response to denials of access from other law enforcement agencies.

If your appeal to the Supervisor is denied, you then have the right to file a lawsuit with the Supreme Judicial Court or the Superior Court to challenge the denial.

As a separate note, it is not clear from your question what type of complaint is at issue, which could affect your rights to access the relevant documents.  If this is a complaint filed in court, you should be able to obtain the complaint and any related filings from the court itself unless the filings are under seal for some reason; court records are not subject to the Public Records Law and its related exemptions.  If the complaint is merely a request to the AG's office to take action, or if this is a labor complaint in the sense of a complaint filed with a state or federal agency like the NLRB, the EEOC or the Mass. Commission Against Discrimination, different rules of access apply.

I hope this helps.

 

   
 
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