David Nucera v. Massachusetts Gaming Commission (SPR 20202101)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 9, 2020 SPR20/2101 Shara Bedard Records Access Officer Paralegal/Legal Division Massachusetts Gaming Commission 101 Federal Street, 12th Floor Boston, MA 0211 Dear Shara Bedard: I have received the petition of David Nucera appealing the response of the Massachusetts Gaming Commission (Commission) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically on September 1, 2020, Mr. Nucera requested, “... documents and reports about the entire incident including all Everett Police Officer reports and documents as well as Massachusetts State Police reports plus photographs of my license [and] same records concerning my eviction that employees have written - signed and dated - as well as any other statements written by patrons who witnessed the events leading to my eviction.” On October 28, 2020, the Commission provided a response. Unsatisfied with the Commission’s response, Mr. Nucera appealed, and SP20/2101 was opened as a result. Subsequent to the intervention by a staff attorney of the Public Records Division, I learned that the Commission responded to Mr. Nucera’s request with a subsequent response sent on November 6, 2020. Whereas the basis of this appeal was opened as a result of the Commission’s October 28th response, I will now consider this administrative appeal closed. Mr. Nucera may appeal the substantive nature of the Commission’s response within ninety days. See 950 C.M.R. 32.08(1). Please note that this is a revised determination. Sincerely, Rebecca S. Murray Supervisor of Records cc: David Nucera 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