Michael Sacco, Esq. v. Worcester Regional Retirement System (SPR 20231890)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 28, 2023 SPR23/1890 Rachel Grimaldi Executive Director Worcester Regional Retirement System 23 Midstate Drive, Suite 106 Auburn, MA 01501 Dear Ms. Grimaldi: I have received the petition of Michael Sacco, Esq., of The Law Offices of Michael Sacco, P.C., appealing the response of the Worcester Regional Retirement System (Retirement System/Board) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 28, 2023, Attorney Sacco requested: [1] Any and all documents pertaining to compensation paid to the WRRB Chairman, including but not limited to any Board meeting minutes reflecting any discussion and vote pertaining to the compensation paid to the Chairman, for the period of January 1, 2020, to the present; [2] A copy of [an identified individual’s] executed First Amendment to Employment Agreement, and documents pertaining to any indemnification paid to him pursuant to Section 6 of the Employment Agreement, as amended; [3] Any and all email and text communications exclusively by and between [two identified individuals], whether to [an identified emails address] or to him directly at his WRRB email address, for the period of June 1, 2019, to March 9, 2023; [4] Any and all documents pertaining to the purchase of a cell phone, tablet, computer, laptop or any other device for [an identified individual], including Board meeting minutes in which said purchase was discussed and approved; [5] Any and all documents pertaining to reimbursement to [an identified individual] for expenses incurred from January 1, 2020, to the present; [6] Any and all communications by and between two (2) or more Board members, including but not limited to, text and email messages, utilizing both personal and WRRB email addresses and/or cell phones; [7] Any and all communications by and between any Board member and Board staff that reference or discuss [an identified individual] on which [this identified individual] was not copied; 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

Rachel Grimaldi SPR23/1890 Page 2 August 28, 2023 [8] Any and all documents that reference or discuss [an identified individual] on which [this identified individual] was neither copied nor sent directly, including emails and/or text messages sent or received from third parties, excluding documents that bear [this identified individual’s] electronic signature which were sent to members, retirees and/or member unit officials and/or employees; [9] Any and all complaints the WRRB received alleging [an identified individual] was not performing his duties or alleging any wrongdoing on [this identified individual’s] part; [10] Any and all drafts of [an identified individual’s] WRRB contract/ employment agreement; [11] Any and all Board meeting minutes in which [an identified individual] was discussed, including executive session minutes; [12] Board meeting minutes, whether approved or in draft form, or any handwritten notes from the meeting, that authorized the recent public records request sent to Massachusetts retirement boards; [13] Any and all Board meeting minutes which discuss the advertising, hiring and/or recruiting for the CEO position (this request only pertains to the period of June 1, 2019, through December 31, 2019)[.] Previous Petition This request was the subject of a previous fee petition. See SPR23/1869 Determination of the Supervisor of Records (August 18, 2023). Please refer to the determination in SPR23/1869 for analysis of this issue. On August 11, 2023, the Retirement System responded. Unsatisfied with the Retirement System’s response, Attorney Sacco petitioned this office and this appeal, SPR23/1890, was opened as a result. In his appeal petition to this office dated August 14, 2023, Attorney Sacco states: It appears the brunt of the “good faith” estimate of the cost of production stems from my request for, “[a]ny and all communications by and between two (2) or more Board members, including but not limited to, text and email messages, utilizing both personal and [Retirement System] email addresses and/or cell phones;…” Much like the specific bullet point request that followed, this request was intended to be limited to communications regarding me in my capacity as CEO for specific periods, and I have this day submitted that revised request. Similarly, the response regarding meeting minutes, including executive session, was designed to be limited to meetings during which I was not present, and that request will also be refined in my amended request. In light of the above, where Attorney Sacco states that he has submitted a revised records request dated August 14, 2023 to the Retirement System, it is unclear what the basis of Attorney

Rachel Grimaldi SPR23/1890 Page 3 August 28, 2023 Sacco’s appeal is. Please be advised that the Public Records Access Regulations, which govern the procedural aspects of all appeals, provide records custodians with ten (10) business days in which a response to a public records request must be provided. See 950 C.M.R. 32.06 (2) (b); G. L. c. 66, § 10(b). Therefore, the Retirement System has ten business days from the date of the revised request to provide Attorney Sacco with a response. Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Michael Sacco, Esq. Kier Wachterhauser, Esq.