Jim Haddadin v. Boston Public Health Commission (SPR 20202285)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 8 2020 SPR20/2285 Batool Raza, Esq. Boston Public Health Commission 1010 Massachusetts Avenue Boston, MA 02118 Dear Attorney Raza: I have received the petition of Jim Haddadin of NBC10 Boston appealing the response of the Boston Public Health Commission (Commission) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on November 2, 2020, Mr. Haddadin requested a copy of an EMS incident report pertaining to a certain crash. The Commission responded on November 23, 2020, denying access to the responsive record pursuant to Exemptions (a) and (c) of the Public Records Law. G. L. c. 4, § 7(26)(a), (c). Unsatisfied with the Commission’s response, Mr. Haddadin petitioned this office and this appeal, SPR20/2285, was opened as a result. 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, § 10A(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, § 10(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, § 10(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

Batool Raza, Esq. SPR20/2285 Page 2 December 8, 2020 The Commission’s November 23rd response In its November 23, 2020 response, the Commission states that it cannot disclose the EMS incident report because it is prohibited per both federal and state laws from disclosing confidential medical information without a valid patient authorization form or court order. The Commission claims the requested record is exempt from disclosure pursuant to Exemptions (a) and (c). Subsequent to the opening of this appeal, the Commission provided another response on November 24, 2020, indicating that it is “. . . unable to locate any reports for the incident [Mr. Haddadin] requested.” The Commission requested clarification in order to respond to the request. After an email correspondence from Mr. Haddadin on December 7, 2020, the Commission responded indicating that it intends on providing a response to Mr. Haddadin’s request. Conclusion Accordingly, the Commission is ordered to provide Mr. Haddadin with a response to the request, provided 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jim Haddadin