Larry Mason v. Massachusetts Gaming Commission (SPR 20170636)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 23, 2017 SPR17/636 Cecelia M. Porche Massachusetts Gaming Commission 101 Federal Street, lih Floor Boston, MA 02110 Dear Ms. Porche: I have received the petition of Larry Mason appealing the response of the Massachusetts Gaming Commission (Commission) to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Mason requested several categories ofrecords related to Wonderland Dog Track, Suffolk Downs, and records related to a specified news article. Mr. Mason was provided with some responsive records in a response dated May 4, 2017. In an email dated May 5, 2017 Mr. Mason inquired ifthere were any further records responsive to his request. Having received no response, Mr. Mason petitioned this office. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 1O (b )(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507,511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Cecelia M. Porche SPR17/636 Page 2 May 23, 2017 Current appeal In his appeal petition, Mr. Mason notes his concern that there are further records responsive to his request that have not been provided. The Commission must clarify whether it possess any other responsive records. See G. L. c. 66, § 1O (a)(ii) (the duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request). Conclusion Subsequent to the intervention by a member of the Public Records Division staff, this office was notified that a supplemental response was provided, dated May 17, 2017. Therefore, I will now consider this administrative appeal closed. Mr. Mason may appeal the substantive nature of the Commission's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, ·~~ Rebecca S. Murray Supervisor of Records cc: Larry Mason