HomeMy WebLinkAbout1995-11-08 Retirement Board Minutes - Executive SessionFR
o Town of Reading
RECEIVED
Meeting Minutes
TOWN CLERK
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READiNC�MA.
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2029 JUN -5 IM 12: 20
Board - committee - Commission - council:
Contributory Retirement Board
Date: 1995-11-08
Time: 9:08 AM
Building: Reading Retirement Administration
Location: Conference Room
Address: 2 Haven Street Unit 307
Session: Executive Session
Purpose: General Business
Version: Final
Attendees: Members - Present:
Henry Benjamin
Richard Foley
Elizabeth Klepeis
Members - Not Present:
Others Present:
Minutes Respectfully Submitted By: Elaine Kelly
Topics of Discussion:
Page 1 1
P
0
Executive Session
November 8, 1995 at 9:08 AM thru 10:09 AM
Board discussed whether to vigorously fight appeal of Dennis White. R. Foley reported on his
conversation with Director of public Works regarding the type of worker, attendance record, and
general assessment of Dennis White as an employee. The report was positive in all respects,
evaluating Mr. White as a valued and respected employee. The decision was made to use the
medical panel reports as the main case before CRAB.
The Board consulted Counsel Matthew Mitchell as to whether we were justified in breaking the
confider, of Mr. Richard Murch vis a vis his request for a CRB ruling on his status with regard
to Grc FA or Group 4. Mr. Mitchell stated that we were justified in light of a legal document by
X'..� Rubin and Rudman declaring that Mr. Murch had made no such request. The Board reviewed the
X11 context of several cases pertinent to the court case and planned a strategy.
Chairman
Secr
UCI<_rl�e ills 1f� PI�aiMr..,
Appoiirted Mem
Executive Session
November 8, 1995 at 9:08 AM thru 10:09 AM
Board discussed pending appeal of Dennis White, who was denied an accidental disability
retirement based upon medical panel report. Also, appeals of Leonard Rucker, General Manager
of the Municipal Light Department and his two Assistant Managers, Vincent Cameron, Jr. and
Richard Murch with regard to Boards' vote to deny them group 4 classification.
September 9, 1996 at 11:00 AM tbru 12:20 PM
Board discussed receipt of Grand Jury subpoena compelling the production of certified copies of
certain records in our custody pertaining to six (6) accidental disability retirees. (copy attached)
Board moved to furnish material requested.
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September 3, 1996
Reading Retirement Board
16 Lowell Street
Reading, MA 01867
ATT: Ellie Kashian, Executive Director
Dear Ms. Kashian:
Enclosed please find a Grand Jury subpoena compelling the production of a
certified copy of certain records in your custody. Said request is made for the purposes
of a John Doe Grand Jury criminal investigation into allegations of accidental
disability retirement pension fraud.
Kindly note that you do not need to appear at the Suffolk County Grand Jury
on September 20, 1996 so long as the requested certified copies are delivered to the
Office of The Attorney General, Insurance Fraud Division, at the following address:
Office of the Attorney General
Business and Labor Protection Bureau
Insurance Fraud Division
200 Portland Street, Second Floor
Boston, Massachusetts 02114
ATT: Maria Blanciforte
on or before September 20, 1996.
Grand jury retirement file letter
Page 2
Kindly note that I have enclosed a copy of a keeper of the records affidavit for
your convenience. Kindly certify each copy of the files you are sending to this office
by attaching and executing the enclosed affidavit and return said certified copy to my
paralegal, Maria Blanciforte, for submission to the grand jury.
Kindly note that I have enclosed an attested copy of an Order of the Superior
Court, Vieri Guy Volterra, J., dated August 20, 1996, authorizing you am to notify
the individual members of your retirement boards (LI, claimants) of this Grand Jury*
request for their files. This has been done in order to comply with 840 C.M.R. 6.09,
regulating access to retirement files by legal process ("Unless otherwise prohibited by .
.. judicial order, ... the Custodian shall notify the member of the demand"). This
step has been taken in order to protect the confidential nature of this grand jury
investigation.
Thank you in advance for your kind and courteous cooperation in regard to
this matter. If you have any questions regarding this subpoena, please do not hesitate
to contact me directly.
If you have any questions regarding this request, or wish to supply any further
information, feel free to contact either myself, or the Civil Investigation Division
investigator assigned to this case, Louis Russo (ext. 2935).
Enclosure
Very Truly
Truly Yours, �
Michael C. Cullen
Assistant Attorney General
Insurance Fraud Division ext. 3235
Commonwealth of Massachusetts
SUFFOLK, SS, SUPERIOR COURT.
To the Sberiffs of our several Counties, or their Deputies, any State Police Officer, the Constables or
Police Officers of any City or Town in the County of SUFFOLK GREETING:
You are hereby commanded to summon
Custodian of the Records
Reading Retirement Board
16 Lowell Street
Reading, MA 01867
ATT: Ellie Kashian, Executive Director
(if she/he maybe found in your precinct) to appear before the GRAND JURY next to
be -holden at Boston within and for our County of Suffolk on FsdaY
the ZSitn day of September, A. D. 19 96 at nine o'clock in the
forenoon -and from day to day, then and there to give such evidence as she/he knows
relating to any matters which may be inquired of on behalf of the Commonwealth
before said Grand Jury, in the matter of A John Doe Grand Jury Investigation, and
bring with you any and all records as specified on the attached Schedule A.
HEREOF FAIL NOT, and make due return of this Writ, with your doings
thereon, into the said Court.
WITNESS, my hand, at Boston in the County of Suffolk
the 3rd day of September
nineteen hundred and ninety-six.
A(true copy, attest
x
.nacc-rvncrvmccr
***Please call AAG Cullen on receipt of
this subpoena if you
have any questions
in the year of our Lord
.................... I ....... ......... ...........
Assistant Attorney General
Michael C. Cullen
200 Portland Street, 2d Floor
Boston, MA 02114
(617) 727-2200 ext. 3235
SCHEDULE A
1. All records of the Retirement Board of the Town of Reading, including
retirement applications, earnings statements, reports of medical
examinations, retirement board decisions and correspondence relating to
the disability retirement of the following individuals:
Green, John
Hadley, William Jr.
Mullen, Richard
Powers, Gerald C.
Sheridan, Paul K.
Vallee, Paul
IADRGJ.SUB
0
hereby certify that I am the custodian of the
records attached and that these documents are true and complete copies of the records
of the
Retirement Board, reproduced by photographic process.
I further certify that these records are kept in the normal course of business; that these
records are kept in good faith, that it is in the regular course of the forenamed business
to make these records; and that these records were made prior to the beginning of any
proceeding, civil or criminal.
SIGNED THIS DAY UNDER THE PAINS AND PENALTIES OF
f
Signature
Date
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS. SUPERIOR COURT DEPARTMENT
Grand Jury Matter
Presentment No. SUCR 96-7-1366
IN RE JOHN DOE GRAND JURY INVESTIGATION
ORDER PREVENTING NOTIFICATION TO DISABILITY CLAIMANTS
OF FILE REQUEST
i
WHEREAS, I have reviewed the Request of the Grand Jurors of
Suffolk County, August 1996 Sitting, for an Order to issue
preventing notification to accidental retirement disability
("ADR") claimants (also identified as "members") of the request
of the Grand Jury for their files, and
Whereas, I have also reviewed Commonwealth's Motion for
j Court Order and Affidavit in support thereof, and
I Whereas, I have considered the issues presented by these
pleadings and documents in support thereof;
IT I3 HEREBY ORDERED that the Retirement Boards of
L Attleboro, Boston, Braintree, Brookline, Cambridge, Chelsea,
Dedham, Dukes County, Everett, Fall River, Falmouth, Framingham,
_ Gardner, Greenfield, Hampden County, Hampshire County, Hull,
�c Leominster, Lowell, Lynn, Malden, Marblehead, Marlborough, Mass.
Housing Finance Authority, MassPort Authority, Medford, Middlesex
County, Methuen, Milford, Milton, Needham, New Bedford,
r Newburyport, Newton, North Attleboro, Northampton, Peabody,
ittsfield, Plymouth, Plymouth County, Quincy, Reading, Revere,
G Salem, Saugus, Somerville, State Teachers, Stoneham, Taunton,
Waltham, Watertown, Wellesley, Weymouth, Worcester, Worcester
County and the State (Commonwealth of Massachusetts) shall not
notify their ADR claimants or members of the demand of the Grand
Jury for copies of their ADR files, and
IT IS FURTHER ORDERED that service of this order may be made
on the above listed retirement boards by attaching a copy of this
order, certified as true by the Assistant Attorney General, to
the subpoenas duces tecum issued to each retirement board for
their board files.
SO ORDERED.
q Associate Justice of the Superior Court
Dated: � �•' 9�. .
CONFIDENTIAL NATURE OF GRAND JURY INVESTIGATIONS
"The secrecy requirement relative to grand jury proceedings
is 'deeply rooted in the common law of the Commonwealth.'
WBZ-TV4 v. District Attorney for the Suffolk District, (408
Mase. 595, 599 (1990)]. Several interests are served by
maintaining secrecy, such as protection of the grand jury
from outside influence, including influence by the news
media; protection of individuals from notoriety and
disgrace; encouragement of free disclosure of information to
the grand jury; protection of witnesses from intimidation;
and enhancement of free grand jury deliberations."
In the Matter of, a John Doe Grand Jury investigation, 415 Mass.
727, 729 (1993); Globe Newspaper Company v. Police Commissioner
of Boston, 419 Mass. 852, 865-666 (1995).
1L
H
M CMR'. PCOLIC E51PLUl Eb KE I IKLMLNI AUMIMI IKAIION
84o CYIR h.Do:. STANMARD RULES FOR DISCLOSURE OF INFORMATION
Section
6.01: Delimmom
6.02: Purpose of Standard Rules
6.03: Privacy Standards
6.04: Custodian; Designation; Duties and Responsibilities: Fees
6.05: Notice and Report to the Division of Public Employer Retirement Administration
6.06: Access to Retirement Files by The Division of Public Employee Retirement
AdmiNsuauon, Retirement Bolds, and Medical Panel Physicians
6.07: Access on Retirement Files by Membcn and their Reptesentauves
6,08: Access by Retirement FOU by Employers
609. Access to Redrement Fj)gs by Lesai Process
6.10: Access to Retirement Files by the General Public
6.11: Access to Public Rmorft Promptness of Access: Requests for Public Records
6.12: Records of Retirement Board Meetings
6.13: Advisory Opinions
6.14: Objections and Administradve Appeals
840 CMR 6.00 is rhe standard rule for disclosure of information promulgated by the
Commissioner of Public Employ" Retirement pursuant to M.G.L. c,1, y¢ SO(a) and 50(n).
Except as otherwise provided by the Commissioner, by supplementary rules of a parucuiar
r<titement board approved by the Commissioner pwsumt to 840 CMR 14.02, of by suture,
tan CMR 6Cls shall govern the release of all records in UK custody of my retirement board
in the CommopNWill. The mkam of records in the custody of retirement boards subject to
M.G.L e. 66A shill be governed by M.G.L. c. 66A, 801 CMR 2.00 and 3.00 and 940 CMR
6A0,
ane. Ace ss so R v t FI s br L� al Pr
Neal
seedn�hiblaw udicialorder, upon receipt of a subpoena duces
Uhl. or con
or mminumuve age"y of competent )tuisdision d'u"ung
the retirement bold to produce personal data in a mcmba's retirement fik, she Custodian
shall notify the member of she demand no later than the near business day following the day
on which the subpoena or other document is se+ved and shad not produce any records to
response to the demand unity the member has beat nouRx4 in reasonable time to seek m
have the process quashed. If the member is properly notified and U the process u not
quashed, the Custodian shall prod= a copy, of Use requested Monis as ordered by the Court
or agcocy, and shall advise the Court Or agency of the requirements of 8W CMR 600.
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