David Nucera v. Massachusetts Gaming Commission (SPR 20231199)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 21, 2023 SPR23/1199 Judith Young, Esq. Associate General Counsel Massachusetts Gaming Commission 101 Federal Street, 12th Floor Boston, MA 02110 Dear Attorney Young: I have received the petition of David Nucera appealing the response of the Massachusetts Gaming Commission (Commission) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 12, 2023, and May 13, 2023, Mr. Nucera requested the following: [1] All public records (between the dates of August 15th, 2020, thru May 12, 2023) including emails, email attachments, files, texts, and photographs sent or received by all employees of the Massachusetts Gaming Commission including subsequent divisions and/or state agencies under the jurisdiction of the Commission involving a [named business] [2] All public records (between the dates of August 15th, 2020, thru May 13, 2023) including emails, email attachments, files, texts, and photographs sent or received by all employees of the Massachusetts Gaming Commission including subsequent divisions and/or state agencies under the jurisdiction of the Commission involving a [named business] On May 26, 2023, the Commission provided responsive records with redactions pursuant to Exemption (c), and also withheld responsive records pursuant to the attorney-client privilege. Unsatisfied with the Commission’s response, Mr. Nucera petitioned this office, and this appeal, SPR23/1199, was opened as a result. The Commission provided a further response on June 15, 2023, and indicated that all responsive records have been provided. Based upon a conversation between a Public Records Division staff attorney and a Commission representative, it is my understanding that the Commission intends on providing a further response to Mr. 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

Judith Young, Esq. SPR23/1199 Page 2 June 21, 2023 Accordingly, the Commission is ordered to provide Mr. Nucera with said response, in a manner consistent with the Public Records Law and its Regulations within 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 days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: David Nucera