Andrew McIsaac v. TaraVista Behavioral Health Center (SPR 20220127)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 27, 2022 SPR22/0127 Michael Krupa, Ed.D. Chief Executive Officer TaraVista Behavioral Health Center 85 Patton Road Devens, MA 01434 Dear Dr. Krupa: I have received the petition of Andrew McIsaac appealing the response of the TaraVista Behavioral Health Center (Center) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 12, 2022, Mr. McIssac requested “… a copy of all policies/procedures and restraint/seclusion orders of TaraVista Behavioral Health Center.” The Center responded on January 19, 2022. Unsatisfied with the response, Mr. McIssac petitioned this office and this appeal, SPR22/0127, 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

Michael Krupa, Ed.D. SPR22/0127 Page 2 January 27, 2022 The Center’s January 19th response In its January 19th response, the Center asserted, “TaraVista is a private facility and, not falling into the scope of G.L. c. 4 § 7 (26), is therefore not required to comply with G.L. c. 66 § 10 …” TaraVista Center is not a government entity, consequently, the records 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 Brian C. Almeida, Esq.