From: Dave Hackett [massage@annapolis.net] Sent: Friday, January 17, 2003 1:02 PM To: rule-comments@sec.gov Cc: Dave & Penny Hale; Matthew Hackett; Sarbanes@senate.gov; Cindy Hackett; Bill Bulis Subject: S7-36-02 comments - Require openness. Dear SEC professionals and policy makers: I just learned that the SEC is considering requiring mutual fund management companies (e.g. Fidelity) to disclose how they vote proxies for shares held by their funds. I strongly urge you to requires such openness. I have informed Fidelity that if it does not voluntarily adopt such openness as a matter of policy and deed I will remove my funds from their management. I believe there are similar investment management companies that are open about how they vote proxies. I want to do business with organizations are are open about how they represent my interests as an investor. After all, these proxies are for "publicly owned companies" and the voting processes in question are supposed to be open as to the issues and the results. If I hire someone to vote (represent my interests) for me I except them to inform me about how they vote. Regarding disclosure approaches and cost, I do not want such investment companies to send all the details of their proxy votes for each company to me. That would be inefficient and too costly. Proposal that push massive amounts of detailed information out to investors, regardless of their interest, are designed to make it appear that access and disclosure must be overdone, costly and wasteful. However, as a minimum I do want: 1. Annual and prominently communicated reminders that such information is available to me. 2. Clear instructions on how to access voting records on the web sites of mutual fund management companies. Almost all these companies have web sites already. This way is relative fast and inexpensive. Encourage individual investors to use access methods that minimize cost to the funds' investors. 3. Clear, simple procedures for requesting voting records on proxy votes regarding specific companies owned by a specific mutual fund where web access is unavailable, etc.. 4. Timely responses mailed or e-mail (within 30 days of the date of the request). 5. Accountability for such openness and responsiveness, including financial penalties for failure to meet standards or openness and/or responsiveness. I thank the professionals of the SEC for your continuing efforts promote and protect open, ethical markets for securities in the US and around the world. The SEC was created because of persistent problems and damage done to citizens. Obviously, the need for your vigilant and creative services is as great now as at any time in US history. Damaging greed and exploitation are common human characteristics and we must account for them as we build and maintain our civil institutions and markets. Sincerely, David Hackett 1303 Redwood Ave. Annapolis, MD 21403 January 17, 2003 cc. David Hale Matthew Hackett Dan Hale Courtney Bulis Senator Sarbanes Cynthia Hackett