David Nucera v. Massachusetts Gaming Commission (SPR 20202387)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 16, 2020 SPR20/2387 Shara Bedard Records Access Officer Paralegal/Legal Division Massachusetts Gaming Commission 101 Federal Street, 12th Floor Boston, MA 0211 Dear Ms. 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 October 26, 2020, Mr. Nucera requested, “all copies of materials that the Massachusetts Gaming Commission has in their possession regarding my eviction from Encore Casino Boston Harbor on August 14th 2020. This includes all information provided to the Massachusetts Gaming Commission by Encore Casino Boston Harbor which includes all of Encore Casino's version of the events leading up to and including subsequent eviction - all signed and dated. I am also seeking any and all signed and dated witness statements from Encore employees, casino patrons as well as any and all police statements and police records either from the Everett Police Department or the Massachusetts State Police that were sent to the Massachusetts Gaming Commission and that the MGC has in its possession regarding my eviction on August 14th 2020. I am also seeking copies of any and all video and photographs that the Massachusetts Gaming Commission has in its possession of me regarding this incident...specifically photos of my license and all video from Encore Casino security cameras which filmed and recorded the entire incident…” Previous appeal This request was the subject of previous appeal. See SPR20/2101 Determination of the Supervisor of Records (November 9, 2020). On November 30, 2020, the Commission provided a response. Unsatisfied with the Commission’s response, Mr. Nucera appealed, and SP20/2387 was opened as a result. It is my understanding that the Commission intends on providing a subsequent response to Mr. Nucera. Accordingly, the Commission is ordered to provide Mr. Nucera with a response to his request in a manner consistent with the Public Records Law and its Access Regulations within 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

Shara Bedard SPR20/2387 Page 2 December 16, 2020 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Nucera may appeal the substantive nature of the Office's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: David Nucera