Emmett S. Muldoon v. Treasurer & Receiver-General's Office (SPR 20210634)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 16, 2021 SPR21/0634 Cassandra Chung, Records Access Officer Office of the Treasurer and Receiver General One Ashburton Place, 12th Floor Boston, MA 02108 Dear Ms. Chung: I have received the petition of Emmett Muldoon appealing the nonresponse of the Office of the Treasurer and Receiver General (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 16, 2021, Mr. Muldoon requested for the time period January 2018 through the date of the receipt of the request the following records: 1. “Any and all policies, including addendums, attachments, and memorandums, that relate, instruct, or require investment policies or strategies, to be followed by the Office of the State Treasurer when investing funds or assets under their statutory or common law control; and, 2. The name(s) of all persons (as defined under the Dictionary Act, 1 U.S.C., § 1) or other entity, that is designated by the Office of the State Treasurer to oversee investments of funds or assets collected by or antler the control of the Office of the State Treasurer. 3. Any documents that would show that the Office of the State Treasurer permits differing return on investments, which depend on the original source of the funds to be invested, · i.e., DOC inmate funds v. State employee retirement funds. 4. Any and all policies, including addendums, that reveal the actual return on investment of DOC inmate funds, and if the actual return on investment is greater than the amounts returned to individual DOC inmates, where that overage is placed. 5. Any and all policies, including addendums, attachments and memorandums, that would require the Office of the State Treasurer to follow the Prudent Investor Rule. 6. Any other document that you, as the designated RAO, believe would assist me in understanding why my interest per month in my inmate account keeps shrinking even though my balance keeps increasing.” Claiming to not yet have received a response, Mr. Muldoon petitioned this office and SPR21/0634 was opened as a result. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Cassandra Chung SPR21/0634 Page 2 March 16, 2021 Subsequently, I learned that the Office responded to Mr. Muldoon’s request with a mailed response sent on March 9, 2021. Whereas the basis of this appeal was opened as a result of the Office’s lack of a written response, I will now consider this administrative appeal closed. Mr. Muldoon may appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Emmett Muldoon