ADV PR 00-02 (2000).
Case Date | January 28, 2000 |
Court | Rhode Island |
Rhode Island Attorney General Opinions
2000.
ADV PR 00-02 (2000).
State of Rhode
IslandDepartment of the Attorney GeneralADV PR 00-02 (2000)ADV PR 00-02 Greenville Public LibraryAdvisory
PR 00-02January 28,
2000Joseph DeAngelis,
Esq.Tillinghast Licht Perkins Smith & Cohen,
LLPProvidence, Rhode Island 02903Re: Greenville Public LibraryRequest for Access to Public Records Act Advisory Opinion
Dear Mr. DeAngelis:
I acknowledge receipt of your letter dated January 6, 2000,
requesting an Access to Public Records Act (APRA) advisory opinion. You
represent the Greenville Public Library, and as its legal counsel, you request
"an opinion as to whether the Association Membership list of the Greenville
Public Library is a public record subject to disclosure under the Public
Records Act." You relate that "each of the approximately 325 members of the
association is a library user that requests, checks out and/or uses library
material."
The APRA governs the public's right to access public records. The
APRA provides that all documents maintained by public bodies are subject to
public disclosure, unless exempt pursuant to one of twenty-three (23)
exemptions. With respect to this case, we observe that R.I. Gen. Laws §
38-2-2(4)(i)(U) exempts from public disclosure "[l]ibrary records which by
themselves or when examined with other public records, would reveal the
identity of the library user requesting, checking out, or using any library
materials."
However, based upon the facts that you present, and the plain
meaning of R.I. Gen. Laws § 38-2-2(4)(i)(U), we believe that the
Greenville Public Library membership list is a public record. In particular, we
note that based upon your representations, we find no evidence that disclosure
of the membership list would reveal the identity of "the
Joseph DeAngelis, Esq.
January 28, 2000
Page 2 of 3
library user requesting, checking out, or using any library
materials." Instead, the membership list merely identifies those individuals
who are members of the Greenville Public Library, and as such, have the
capabilities to request, check out, or use library materials. This opinion is
consistent with a previous finding issued by the Department of the Attorney
General in 1994. See Robinson v. Greenville Public Library, PR 94-24
(membership list constitutes a public record).
This advisory opinion is based upon...
To continue reading
Request your trial