840 CMR: PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION

6.04: Custodian; Designation; Duties and Responsibilities; Fees

(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 11A½ (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.

9/29/00

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