Andrew McIsaac v. Bournewood Hospital (SPR 20220073)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 25, 2022 SPR22/0073 Marcia Fowler Chief Executive Officer Bournewood Hospital 300 South Street Brookline, MA 02467 Dear Ms. Fowler: I have received the petition of Andrew McIsaac appealing the response of the Bournewood Hospital (Hospital) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 11, 2022, Mr. McIssac requested “… a copy of all policies/procedures of Bournewood Hospital.” The Hospital responded on January 12, 2022. Unsatisfied with the response, Mr. McIssac petitioned this office and this appeal, SPR22/0073, 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 School 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(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). 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

Marcia Fowler SPR22/0073 Page 2 January 25, 2022 The Hospital’s January 12th response In its January 12th response, the Hospital asserted, “Bournewood Hospital is not subject to the Massachusetts Public Records Law as it is not a Governmental Entity as such term is defined at 950 CMR 32.02. To the contrary, it is a privately owned Massachusetts business corporation.” Bournewood Hospital is not a government entity, consequently, the records you seek are not subject to the requirements of the Public Records Law. Accordingly, this administrative appeal is closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Andrew McIsaac