Gar Chung v. Norfolk County Retirement System (SPR 20230120)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 3, 2023 SPR23/0120 Kathleen Kiely-Becchetti Board Director Norfolk County Retirement System 480 Neponset Street, Building 15 Canton, MA 02021 Dear Ms. Kiely-Becchetti: I have received the petition of Gar Chung, of Financial Investment News, appealing the nonresponse of Norfolk County Retirement Board (Board) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 3, 2023, Mr. Chung stated: I saw there was a new RFP for international small-cap RFP -- can you tell me why they are doing this search and who the current manager is? Also - I saw the board had a Dec. 7 special meeting to discuss the passive RFPs - can you tell me who was hired/rehired? Claiming to not yet have received a response, Mr. Chung petitioned this office and this appeal, SPR23/0120, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian 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

Kathleen Kiely-Becchetti SPR23/0120 Page 2 February 3, 2023 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. No Duty to Answer Questions Mr. Chung is advised that the duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Pursuant to the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Where Mr. Chung submitted to the Board a list of questions, I find the Board has no duty under the Public Records Law to answer such questions. Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Gar Chung