David Nucera v. Massachusetts Gaming Commission (SPR 20220994)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 5, 2022 SPR22/0994; SPR22/1002 Carrie Torrisi, Esq. Associate General Counsel Massachusetts Gaming Commission 101 Federal Street, 12th Floor Boston, MA 02110 Dear Attorney Torrisi: I have received the petition of David Nucera appealing the response of the Massachusetts Gaming Commission (Commission) to requests for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 11, 2022, Mr. Nucera made two separate requests seeking: [1] [a]ll emails that were sent or received by [two named individuals] of the MGC of the which I . . . am the subject and/or topic. [2] all emails written by [a named individual] which I am the subject or topic between August 1, 2020 and April 10, 2022. On April 28, 2022, the Commission provided a response, which included a portion of the responsive records. The Commission also denied access to certain email records pursuant to Exemption (c) of the Public Records Law and the attorney-client privilege. G. L. c. 4, § 7(26)(c). Unsatisfied with the Commission’s response, Mr. Nucera petitioned this office and these appeals, SPR22/0994 and SPR22/1002, were opened as a result. It is my understanding that the Commission intends on providing Mr. Nucera with a supplemental response. Accordingly, the Commission is ordered to provide Mr. Nucera with said response in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. 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 Commission’s response within ninety (90) days. See 950 C.M.R. 32.08(1). 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

Carrie Torrisi, Esq. SPR22/0994; SPR22/1002 Page 2 May 5, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: David Nucera