Michael Sacco, Esq. v. Worcester Regional Retirement System (SPR 20232667)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 15, 2023 SPR23/2667 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) 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 email 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 SPR23/2667 Page 2 November 15, 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)[.] On August 14, 2023, Attorney Sacco revised his request and stated:  Bullet point three (3) is hereby revised, now seeking, “Any and all email and text communications exclusively by and between [two identified individuals], whether to [an identified individual’s] WRRB-issued cell phone or to him directly at his WRRB email address, for the period of January 1, 2020, to March 9, 2023;”  Bullet point six (6) is hereby revised, now seeking, “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, that reference or discuss [an identified individual] on which [an identified individual] was not copied, for the periods of June 1, 2019 to December 31, 2019, and January 1, 2022 through the date of production;”  Bullet point eleven (11) is hereby revised, now seeking, “Any and all Board meeting minutes in which [an identified individual] was discussed, including executive session minutes, for the period of February 1, 2023 through June 27, 2023. Previous appeals This request was the subject of previous appeals. See SPR23/1890 Determination of the Supervisor of Records (August 28, 2023) and SPR23/2034 Determination of the Supervisor of Records (September 12, 2023). In the September 12th determination, I ordered the Retirement System to provide further details regarding its fee estimate. The Retirement System provided a

Rachel Grimaldi SPR23/2667 Page 3 November 15, 2023 response on October 20, 2023. Unsatisfied with the response, Attorney Sacco petitioned this office and this appeal, SPR23/2667, was opened as a result. Subsequently, I learned that the Retirement System provided Attorney Sacco with a further response dated November 15, 2023. Where this appeal was opened as a result of the Retirement System’s October 20th response, I will now consider this administrative appeal closed. Attorney Sacco may appeal the substantive nature of the Retirement System’s November 15th response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Michael Sacco, Esq.