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Date
Rule
801.1(2)
Staff
Janice Johnson
Response/Comments
Informed writer that the (redacted) Board is a state agency. KB concurs.

Question

From:(redacted)

Sent:Thursday, August 16, 2007 10:56 PM

To:Johnson, Janice C.

Cc:(redacted)

Subject:FW: "Political Subdivision of a State"

Janice,

As afollow-up to our recent discussions, I offer the following additional factsconcerning the (REDACTED) Board (which is the UPE of the sellers in ourtransaction):

* The (REDACTED) Board was created by a Massachusettsstatute.

* The (REDACTED) Board is listed as a"state agency" on the official website of the Commonwealth of Massachusetts.

* The (REDACTED) Board consists of the following ninemembers, none of whom receive any salary:

* the governor (or his designee)

* the state treasurer (or his designee)

* a private citizen appointed by the state treasurer

* a member of the state teachers retirement system(elected by the members of such system)

* a member of the state employees' retirement system(elected by the members of such system)

* the elected member of the state retirement board

* one of the elected members of the teacher'sretirement board

* a private citizen appointed by the governor

* a representative of a public safety union appointedby the governor

* The (REDACTED) Board currently employs 23 full-timeemployees, including an executive director elected by the (REDACTED) Board. Theemployees are employees of the Commonwealth of Massachusetts.

Basedon the above facts (and the facts set forth in my below prior emails), please let me know whether the FTC isable to determine whether the (REDACTED) Board constitutes a"political subdivision of a State."

Thankyou again.

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