ADV PR 00-01 (2000).

• Case Date: January 19, 2000
• Court: Rhode Island

Rhode Island Attorney General Opinions 2000. ADV PR 00-01 (2000). State of Rhode IslandDepartment of the Attorney GeneralADV PR 00-01 (2000)ADV PR 00-01 Request for Access to Public Records Act Advisory OpinionAdvisory PR 00-01January 19, 2000Vito J. ScottiDeputy Chief of PoliceJohnston Police DepartmentJohnston, Rhode Island 02919Re: Request for Access to Public Records Act Advisory OpinionDear Deputy Chief Scotti: I acknowledge receipt of your letter received via facsimile on January 10, 2000, requesting an Access to Public Records Act (APRA) advisory opinion. You relate that the Johnston Police Department received a request from the Providence Journal for the release of Internal Affairs reports for the calendar year 1998. You state that this request was "complied with and the names of the officers, victims, and witnesses were redacted." According to your request, "[t]he Providence Journal is now requesting information as to whether the recommendation of the Internal Affairs Officer was imposed by the Chief of Police or changed in any way." You request this Department's advice concerning this aspect of the Providence Journal's request. The APRA mandates that all records maintained by a public body constitute a public record, unless the requested records are specifically exempt by R.I. Gen. Laws § 38-2-2(4)(i)(A)-(W). See R.I. Gen. Laws § 38-2-3(a). Among the APRA's provisions is R.I. Gen. Laws § 38-2-2(4)(i)(D), which states, in pertinent part, that "[r]ecords relating to management and direction of a law enforcement agency . . . shall be public." Two years ago, the Rhode Island Supreme Court addressed an issue similar to the one you pose. In Direct Action for Rights and Equality v. Gannon, 713 A.2d 218 (R.I. Deputy Chief Vito J. Scotti January 19, 2000 Page 2 of 3 1998), the Supreme Court considered a request to access certain police records from a community-action group called Direct Action for Rights and Equality (DARE). Among the records DARE sought to access were reports made by hearing officers with respect to investigations into civilian complaints, as well as "[r]eports on all disciplinary action . . . taken as a result of recommendations made by the Hearing Officers' Division." Based upon what was then enumerated as R.I. Gen. Laws § 38-2-2(d)(4), which in pertinent portion resembles today's R.I. Gen. Laws §...