Salary, stipend and municipal health insurance information (Halifax Town Administrator)

Katheleen Conti filed this request with the Halifax Town Administrator of Halifax, MA.
Status
Completed

Communications

From: Katheleen Conti

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, ยง10, I hereby request the following records:

A list of members on the Board of Selectmen and the following information:

1. What salary each receives; what additional money they are paid if they are in a leadership position; for longevity (please specify number of years); and expense accounts per month or year (please specify).

2. The names of selectmen who have health insurance from the town; what it costs them, and what it costs the town to provide it for each of them.

If you have any questions about this request, please feel free to contact me at 617-929-2805.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Katheleen Conti

From:

Dear Ms. Conti,

Thank you for your e-mail of November 21 requesting records about the
members of the Halifax Board of Selectmen, their salaries, and health
insurance status.

In connection with the first series of questions, I have attached a pdf
of the Town's web site showing the members of the Board of Selectmen and
their positions and a copy of the minutes from the Annual Town Meeting
of May 13, 2013 showing the salary for each selectmen ($1,500).

Since none of the members receive any additional money for a leadership
position, nor any additional money for longevity, nor any expense
account per month or per year, I can not provide you with a record
showing that information.

In connection with the second series of questions,

From:

Dear Ms. Conti,

My apologies for the previous incomplete e-mail. A complete e-mail with
the necessary attachments will be sent.

Charlie

From: Charlie Seelig

Dear Ms. Conti,

Thank you for your e-mail of November 21 requesting records about the
members of the Halifax Board of Selectmen, their salaries, and health
insurance status.

In connection with the first series of questions, I have attached a pdf
of the Town's web site showing the members of the Board of Selectmen and
their positions and a copy of the minutes from the Annual Town Meeting
of May 13, 2013 showing the salary for each selectmen ($1,500).

Since none of the members receive any additional money for a leadership
position, nor any additional money for longevity, nor any expense
account per month or per year, I can not provide you with a record
showing that information.

In connection with the second series of questions, Massachusetts General
Law, Chapter 176Q, Section 17, declares that information that identifies
individual employees by name or health insurance status shall not be a
public record. Therefore, under Massachusetts General Laws, Chapter 4,
Section 7, clause 26, part a, I cannot provide you with any records that
would answer your questions concerning the health insurance status of
the members of the Board of Selectmen.

The appropriate statutes can be found at:

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter176q/Section17

and section (c) reads as follows:

(c) Information that identifies individual employees by name or health
insurance status shall not be a public record, but the information shall
be exchanged with the department of revenue, the commonwealth health
insurance connector authority and the health care access bureau in the
division of insurance under an interagency services agreement to enforce
this section, sections 3 to 7A, inclusive, and sections 3, 6B and 18B of
chapter 118H. An employer who knowingly falsifies or fails to file with
the connector any information required by this section or by any
regulation promulgated by the connector shall be punished by a fine of
not less than $1,000 and not more than $5,000.

and

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleI/Chapter4/Section7

with clause 26, part a reading as follows:

Twenty-sixth, "Public records'' shall mean all books, papers, maps,
photographs, recorded tapes, financial statements, statistical
tabulations, or other documentary materials or data, regardless of
physical form or characteristics, made or received by any officer or
employee of any agency, executive office, department, board, commission,
bureau, division or authority of the commonwealth, or of any political
subdivision thereof, or of any authority established by the general
court to serve a public purpose, unless such materials or data fall
within the following exemptions in that they are:

(a) specifically or by necessary implication exempted from disclosure by
statute;

You have the right to appeal any denial of access to the Supervisor of
Public Records under 950 CMR 32.00 and M.G.L. c. 66, ยง 10(b).

Sincerely,

Charlie Seelig
Halifax Town Administrator

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