Norris, Valian v. Executive Office of the Treasurer and Receiver General - State Retirement Board (SPR 20150160)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April16, 2015 SPRlS/160 Ms. Melinda Troy, Esq. Senior Counsel State Board of Retirement One Winter Street Boston, MA 02108-4747 Dear Attorney Troy: I have received the petition ofValian Norris appealing the response of the Massachusetts State Retirement Board (Board) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, in a letter dated January 5, 2015 Anthony S. Augeri, Esq., of the Augeri Law Group, P.L.L.C. requested Board records in which Ms. Norris is identified. Having received no response Ms. Norris petitioned this office. The Board has failed to meet its burden in providing a response to a request for public records. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (1 0) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. 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. I find the Board has failed to respond to a request for public records, and has failed to rebut any presumption that the requested records are public records. The Board was provided with not only Attorney Augeri's request, but also an acknowledgment from this office dated March 24, 2015 providing an appeal number and notice that a public records appeal had been opened by this office. Accordingly, the Board is hereby ordered, within ten (1 0) days, to review the requests made by Attorney Augeri on behalf of Ms. Norris and provide a written response, made in accordance with the Public Records Law, its Access Regulations and this order. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Melinda Troy, Esq. SPR151160 Page Two April16, 2015 Please note that the personal status of Ms. Norris in the matter in question does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). This administrative appeal is now closed. ours, w Supervisor of Records cc: Ms. Valian Norris