Agency Fee and Union Dues disbursements to NAGE/SEIU 5000

john sites filed this request with the Office of the Comptroller of Massachusetts.
Est. Completion None
Status
Fix Required

Communications

From: john sites

To Whom It May Concern:

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

Records and reports which include the Date and amount of union dues and agency fee disbursements from the Commonwealth to the NAGE/SEIU 5000 union during FY 2011, FY 20112, and FY 2013.

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,

John Sites

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 3, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 3, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 3, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 3, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: john sites

I hereby appeal the failure and constructive refusal of the comptroller's office to comply with my request for public records, as outlined below:

On September 3rd, 2013 I requested copies of Records and reports which include the Date and amount of union dues and agency fee disbursements from the Commonwealth to the NAGE/SEIU 5000 union during FY 2011, FY 20112, and FY 2013.

Inasmuch as the supervisor of Records will entertain appeals between 10 days old and 90 day old, and that my request is about to be 90 days old, I hereby appeal the failure and constructive refusal of the comptroller's office to comply with my request.

The requested documents should be available at the push of computer button. Since the Commonwealth disburses somewhere in the vicinity of $20+ million dollars per year to the NAGE union (extracted from employee paychecks,) I would find it hard to believe that these dollars are not accounted for in readily available standard Financial reports (though admittedly I haven't been able to find the info in any published reports.)

In the absence of any indication to the contrary, I think it reasonable to infer that the Comptroller's office has simply refused to provide copies of requested the public records.

From: MuckRock

Hello,

Please find attached an appeal of this records request. A hard copy has been sent to the Supervisor of Records. Please confirm receipt of both copies.

Thank you.

From: MuckRock

Hello,

There was never an acknowledgment for the appeal below. Please advise to its status.

Thank you,

From: Henriques, Caroline (OSC)

Mr. Sites below is the response we sent to your request of Sept. 3, 2013 on December 5th, 2013. Please let me know if you receive this. Thank you.
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From: john sites

Good evening Ms. Henriques, I offer these points in reply to your inquiry:

*Request for Basis of Agency Fee Payroll Deduction amounts* (your answer to
me is unresponsive because you have answered a question I never asked.)

1) You have misapprehended my request. I have NOT requested copies of
collective bargaining agreements ( I have no interest in them.)

2) I did request : "all documents and financial reports (presumably
provided by the Union) that the Commonwealth has relied upon to determine
the agency fee amounts for NAGE as set forth in the the "resource document"
for HR/CMS."

For example the Comptroller provides to payroll clerks the following
guidance on setting up NAGE Agency Fee Payroll Deductions:

* NAGMXA AgyFe:NAGE,Max,FT,PT T $33.90* (per
bi-weekly paycheck)

*Now, that $33.90 amount comes from somewhere (... it comes from the Union
that bases it on their calculation of "Chargeable vs. non-chargeable
expenses").... non chargeable expenses may be included in Union Dues, but
not so for Agency Fees. Therefore, the documents on which the Comptroller
relies in determining that Payroll Clerks should set the Agency Fee Payroll
Deduction amounts at $33.90 (or other amount)..... must have been provided
by the union and must exist! The Comptroller could not have ginned these
amounts up on their own! It is those documents which I seek. I assume,
since Comptroller manages HR/CMS and created the above referenced guidance
document, that it must be in possession of the union documents which
provide basis of the agency fee calculations, otherwise could you please
direct me to the proper custodian for those records? *

*Request for Amounts and dates of Union Dues and Agency Fees disbursed to
NAGE FY 2011,2012,2013.*

On September 3rd, 2013 I requested copies of *Records and reports which
include the Date and amount of union dues and agency fee disbursements from
the Commonwealth to the NAGE/SEIU 500*0 union during FY 2011, FY 20112, and
FY 2013.

* I DID NOT ask for the amounts and dates of payroll deductions from
individuals* (which you seem to have assumed in referring me to "open
Checkbook.)

*I have requested the amounts and dates of disbursements to the union.*....the
TOTALS disbursed, not the tiny granular amounts deducted from each and
every paycheck.... but the amounts (in the ten$ of millions by the way)
disbursed to the Union.

*So far you have told me that the Comptroller has no financial records or
reports of these huge disbursements from the Commonwealth to NAGE (and
other unions.) Frankly I find this difficult to accept, I **respectfully *

*ask that you review the matter again and see if those records of such
huge disbursements do exist somewhere. The Comptroller is the Accountant
for the Commonwealth and is charged with keeping the books in accordance
with Generally Accepted Accounting Principles, I am no CPA but I have got
to assume that the Commonwealth has an obligation to account for the
deduction, collection and disbursement of ten$ of million$ of dollar$ per
year in Union dues and Agency Fees. Could you please check again to see if
these disbursement records exist, and if not at the Comptroller could you
suggest who the proper custodian of these records might Be?*

*Thanks for your attention to this matter. *

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