Healy, Beth v. MBTA Retirement Fund (SPR 20140066)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 14, 2014 SPR14/066 Ms. Beth Healy The Boston Globe 135 Morrissey Boulevard Boston, MA 02125 Dear Ms. Healy: I have received your petition appealing the response of the MBTA Retirement Fund and its Board to your January 2, 2014 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, you requested copies of minutes of the Board, as well as other Fund and Board records. In response, Fund and Board Counsel Carl Valvo informed you that his clients awaited a finding from this office on another appeal. I made a determination on that appeal, based upon a request made by WCVB-TV. See SPR13/235 Detem1ination of the Supervisor ofRecords (February 13, 2014). In that detem1ination I reviewed a recent amendment to the Public Records Law, coupled with a 1993 decision of the Supreme Judicial Court regarding the Fund and its Board. I found that the amendment does not operate to compel the Fund or its Board to provide records in response to a public records request, as the neither the Fund nor its Board receives or expends public funds. To assist you I have provided with this letter a copy of that written determination. Accordingly, whereas neither the Fund nor its Board is required to provide records in response to a public records request, I will consider this administrative appeal closed. i1:7(ii~ Will~ Shawn A. Supervisor of Records Enclosure cc: Mr. Carl Valvo, Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre