Baker defends his office's handling of public records

BOSTON – Gov. Charlie Baker told newspaper publishers and editors Thursday that he supports reforms to public records laws, but he balked at suggestions that his own office and State Police are too secretive.

In a speech to the Massachusetts Newspapers Publishers Association, Baker said he is awaiting the final version of a proposal — approved by the state House of Representatives last month — updating decades-old records laws that now get failing grades from open government groups.

“As a general rule, we are supportive of public records reform,” he said. “I’m looking forward to what the Legislature does, and I’d like to have an opportunity to sign legislation on this thing sometime next year.”

In August, Baker directed state officials to improve access to public records by requiring agencies to limit fees and to designate someone to oversee requests for information.

But those changes didn’t impact the governor’s office or State Police, neither of which is subject to open government laws. The Legislature and courts are also exempt.

“We basically follow the law,” Baker, a Republican, told publishers. “And under the current law — and with every governor before us — the governor’s office has been treated differently than the rest of the executive branch.”

Baker said his administration is trying to improve electronic access to public documents.

“We’ve tried hard, through a series of administrative reforms, to make it possible for people to access information more easily, readily and quickly than they have been able to do historically,” he told the publishers.

Baker said his administration is also developing a system in which agencies can process “big data” requests that officials now don’t have the capacity to handle.

Last month, the House endorsed a scaled-down reform of the public records law. Its version set deadlines for compliance with requests for documents, limited fees for documents and expanded the state’s enforcement authority.

Passage of the House bill followed months of wrangling among open-government advocates, lawmakers and representatives of local governments and law enforcement who lobbied to dilute its provisions.

The legislation is now before the Senate, which is expected to consider it when lawmakers return to the Statehouse from a holiday recess.

Secretary of State William Galvin, the state’s top public records officer, is proposing a question for the 2016 ballot that would give his office more power to investigate delays in responding to records requests, among other changes.

A recent study by the Center for Public Integrity, a Washington D.C.-based investigative news organization, ranked Massachusetts 40th among all states, and gave it an “F” grade, for public records and open government.

And the State Police recently received the third-annual “Golden Padlock” award from Investigative Reporters and Editors for being the “most secretive” law enforcement agency in the country.

Baker defended the State Police and said he is working with the agency to improve public records procedures.

“We believe they should abide by the standards as everyone else,” he said. “And so far, I believe they are.”

Christian Wade covers the Massachusetts Statehouse for CNHI’s newspapers and websites. Reach him at cwade@cnhi.com.