Herman, Colman v. Massachusetts Gaming Commission (SPR 20140324)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 22, 2014 SPR14/324 Ms. Catherine Blue, Esq. General Counsel Massachusetts Gaming Commission 84 State Street, 1oth Floor Boston, MA 02109 Dear Attorney Blue: I have received the petition of Colman M. Herman appealing the response of the Massachusetts Gaming Commission (Commission) to his request for a reduction in costs associated with his public records request. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman requested copies of records related to two Boston Business Journal articles. Under the Public Records Access Regulations (Regulations) a records custodian must provide a written estimate of fees for copying, search time and segregation time where costs of complying with a public records request is expected to exceed ten dollars. 950 C.M.R. 32.06. Whereas the fees by the Commission were estimated to be in excess of ten dollars, the Commission provided a fee estimate to Mr. Herman in response to his request. Upon receipt of this estimate Mr. Herman narrowed his request in an effort to reduce costs. He also requested a full waiver of fees. In response you indicated that the narrowing of scope will not reduce the costs to comply with the request. You declined to waive the fee. Upon review and after conversations between you and members of my staff I find that the fee estimate is reasonable. Once Mr. Herman pays the estimated amoun , the Commission must provide the records. This administrative appeal is now closed. Supervisor of Records cc: Mr. Colman M. Herman OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre