(1)
Designation.
Each retirement board shall designate a person to serve as Custodian of all
records which the retirement board holds.
(2)
Duties and
Responsibilities. The Custodian shall:
(a) maintain custody of and control over all
records held by the retirement board;
(b) take all reasonable precautions to
protect the records from fire, theft, flood, natural disaster, unauthorized
removal or other security hazard;
(c) inform members and staff of the
retirement board of the provisions of
840 CMR 6.00;
(d) insure that the number of duplicate
retirement files is maintained at an absolute minimum and that any such
duplicate files are maintained consistent with the requirements of
840 CMR 6.00;
(e) develop and implement a plan for the
expungement of obsolete records with approval, where applicable, of the Records
Conservation Board established by M.G.L. c. 30, § 42, and the Supervisor
of Public Records pursuant to M.G.L. c. 66, § 8;
(f) maintain to the maximum extent feasible a
complete and accurate record, which shall be deemed part of the data to which
it relates for all purposes under
840 CMR 6.00, of every access
to or use of a member's retirement file, including the identity of all persons
and organizations to whom such access has been granted, except that no record
need be maintained of any such access to or use by members or staff of the
retirement board, medical panel members, or representatives of the Public
Employee Retirement Administration Commission;
(g) make the initial determination as to
whether any record requested is a public record and as to whether access to the
record requested is mandated by M.G.L. c. 4, § 7(26), or by other
applicable law or regulation;
(h)
assess and collect fees as provided in 840 CMR 6.04(3);
(i) receive objections as provided in
840 CMR
6.14;
(j) answer questions; and
(k) make available on request copies of
M.G.L. c. 4, § 7(26), M.G.L. c. 66, § 10 (the Massachusetts Freedom
of Information Act), applicable provisions of M.G.L. c. 66A (the Massachusetts
Fair Information Practices Act), and 801 CMR 2.00 and
3.00, applicable provisions of
M.G.L. c. 30A, §§ 11A and 11A1/2 (the Open Meeting Law governing
state agencies), M.G.L. c. 34, §§ 9F and 9G (the Open Meeting Law
governing county agencies), and M.G.L. c. 39, §§ 23A and 23B (the
Open Meeting Law governing municipal agencies) and
840 CMR 6.00.
(3)
Fees.
The Custodian may charge a reasonable fee for copies of any record consistent
with the fee schedule issued by the Supervisor of Public Records pursuant to
950 CMR
32.02(5). A fee reasonably
related to cost may also be charged for making a search for the requested
record provided that no charge may be made for a search requiring less than 20
minutes to complete. The retirement board may waive the reproduction fee or the
search fee if, in its judgment, such waiver would be in the public
interest.
