Rehrey, William v. Leominster, City of - Retirement Board (SPR 20140495)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 16, 2014 SPR14/495 Mr. John J. Richard City of Leominster - Retirement Board City Hall 25 West Street, Room 15 Leominster, MA 01453 Dear Mr. Richard: I have received the petition of William G. Rehrey appealing the response of the City of Leominster- Retirement Board (Board) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Rehrey requested a copy of the names and addresses of all retirees and surviving spouses who are currently receiving a retirement allowance from the Leominster Retirement System. As of the date ofthis determination Mr. Rehrey has not received a response from the Board regarding this request for records. In his request Mr. Rehrey explains that, while the responsive records are not public, he claims that his organization has a unique right of access to retirement records. See G. L. c. 66 § 10(d); G. L. c. 4, § 7 (o), (p). Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. The Board is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. The Board has yet to meet its burden in proving with specificity why responsive records have not been made available. Accordingly, the Board is hereby ordered, within ten (10) days of this order, to provide Mr. Rehrey with the requested records. If the Board maintains that the responsive records are exempt it may, within thirty (30) days provide to OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. John J. Richard SPR14/495 Page Two October 16, 2014 Mr. Rehrey and this office an explanation, with specificity, how a particular exemption applies to each record. An acknowledgment will be provided, followed by a written determination by this office, to be provided within fifteen (15) business days. Requests for reconsideration filed more than thirty (30) days after the date of this letter will not be · considered. cc: Mr. William G. Rehrey