PERAC Memo #15 - 2008: Confidentiality of Domestic Relations Orders, Standing Order 3-08

Confidentiality of Domestic Relations Orders, Standing Order 3-08

Summary

This memo notifies boards that the Probate and Family Court's Standing Order 3-08 now requires Domestic Relations Orders (Mangiacotti Orders) involving public employees to be impounded and kept confidential from public inspection. PERAC is seeking a formal advisory opinion from the Supervisor of Public Records on whether boards may withhold these Orders from public records requests, and pending that guidance, boards should not release copies of Domestic Relations Orders unless both parties to the Order authorize disclosure.

Full Text

MEMORANDUM #15, 2008 M E M O R A N D U M TO: All Retirement Boards FROM: Joseph E. Connarton, Executive Director RE: Confidentiality of Domestic Relations Orders, Standing Order 3-08 DATE: March 31, 2008 The Chief Justice of the Probate and Family Court has issued Standing Order 3-08 (copy attached) that requires Domestic Relations Orders involving public employees (Mangiacotti Orders) to be impounded. This means that Domestic Relations Orders will be retained separately from the case file and will be unavailable for public inspection. The Court’s stated reason for doing this is that these Orders contain highly sensitive personal and financial information, and the privacy of the parties is to be protected. I am asking for an advisory opinion from the Supervisor of Public Records as to whether, in light of the Court’s action, Retirement Boards can refuse to release Domestic Relations Orders pursuant to a public records request. Until such advice is received, we would urge Retirement Boards not to release copies of Domestic Relations Orders without authorization from both parties to the Order. If you have questions, please contact this office.

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