Matthew Stout v. Massachusetts Bay Transportation Authority - Police Association Retirement Plan (SPR 20160289)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 13,2016 SPR16/289 Mr. Sidney L. Chase MBTA Police Association Retirement Plan P.O. Box 2215 Hyannis, MA 02601 Dear Mr. Chase: I have received the petition of Matthew Stout of the Boston Herald appealing the response of Massachusetts Bay Transportation Authority Police Association Retirement Plan (MBTA Police Retirement Plan) to a request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Stout requested a "list of the current pensioners receiving retirement benefits through the MBTA Police Retirement Fund, the amounts in benefits he or she receives annually, and the year he or she retired." You denied access to the responsive records and Mr. Stout appealed. In the MBTA Police Retirement Plan's April26 response, you explain "it is still part of labor negotiations. I was instructed last year not to release any pension information. I have not been given any further advice." In a conversation with an attorney on my staff, you referred to a previous response provided in August of2015 that addressed a similar issue. However, it is unclear which, if any, exemption to the Public Records Law the MBTA Police Retirement Plan is claiming to withhold the responsive records. Further, based on the April26 response, it is unclear whether the MBTA Police Retirement Plan maintains it is not subject to the Public Records Law. You indicated the MBTA Police Retirement Plan would provide a supplemental response to Mr. Stout's request. Accordingly, I will consider this appeal closed with the proviso that, within ten (1 0) days of this order, the MBTA Police Retirement Plan provides Mr. Stout with a response to the request, provided in a manner consistent with this order. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state .rna. us. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Sidney L. Chase SPR16/289 Page2 May 13,2016 To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determination for further information. illiams cc: Mr. Matthew Stout