ADV PR 99-03 (1999).

• Case Date: September 28, 1999
• Court: Rhode Island

Rhode Island Attorney General Opinions 1999. ADV PR 99-03 (1999). State of Rhode IslandDepartment of the Attorney GeneralADV PR 99-03 (1999)ADV PR 99-03 Newport Police DepartmentAdvisory PR 99-03September 28, 1999Captain Francis E. Tessina, Sr.Newport Police DepartmentAdministrative Services DivisionNewport, Rhode Island 02840Re: Newport Police DepartmentRequest for Access to Public Records Act Advisory Opinion Dear Captain Tessina: On behalf of Newport Police Chief David R. Kelly, you request an Access to Public Records Act (APRA) advisory opinion. By way of background, in June 1999, the Rhode Island Police Chiefs' Association unanimously adopted Access to Public Records Act procedures proposed and developed by Attorney General Sheldon Whitehouse. These procedures were created by Attorney General Whitehouse as part of an ongoing effort to assist police departments when responding to requests for public records and to facilitate the process by which members of the public may obtain public records maintained by police departments. Based upon this procedure, which has been implemented by the Newport Police Department, you propound a series of questions. Question 1 The [d]ocument package refers to written documents. We are uncertain how these pertain to other information[,] such as personnel files, video or audiotapes, and/or internal investigations files. These are not under the control of the Keeper of Records (Lt. Brennan), and he is designated as the Public Records Officer. For purposes of the APRA, a public record is not limited solely to "written documents," as your request implies. Instead, a "public record" may come in any of the following formats: Captain Francis E. Tessina, Sr. September 28, 1999 Page 2 of 9 "documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data processing records, computer stored data (including electronic mail messages, except specifically for any electronic mail messages of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities) or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." R.I. Gen. Laws § 38-2-2(4)(i). Notwithstanding the broad definition of a "public record," not every record maintained by a public body is subject to disclosure. For instance, the APRA lists twenty-three (23) categories of documents deemed exempt from public disclosure. R.I. Gen. Laws § 38-2-2(4)(i)(A)-(W). Furthermore, "[n]othing in [the APRA] shall be construed as requiring a public body to reorganize, consolidate, or compile data not maintained by the public body." R.I. Gen. Laws § 38-2-3(f). Based upon the aforementioned statutory language, the Newport Police Department should consider a document to be a public record, regardless of physical form, unless the document falls within one of the twenty-three (23) statutory exceptions prohibiting disclosure. See R.I. Gen. Laws § 38-2-2(4)(i)(A)-(W). Among these statutory exceptions is R.I. Gen. Laws § 38-2-2(4)(i)(A)(I), which exempts from disclosure: "[a]ll records which are identifiable to an individual applicant for benefits, client, patient, student, employee, including, but not limited to, . . . information in personnel files maintained to hire, evaluate, promote, or discipline any employee of a public body; provided, however, with respect to employees, the name, gross salary, salary range, total cost of paid fringe benefits, gross amount received in overtime, and other remuneration in addition to salary, job title, job description, dates of employment and positions held with the state or municipality, work location, business telephone number, the city or town of residence, and date of termination shall be public." Moreover, the Newport Police Department is obligated to disclose public documents (i.e., documents that do not fall within one of the twenty-three (23) categories Captain Francis E. Tessina, Sr. September 28, 1999 Page 3 of 9 prohibiting disclosure) only to the extent that the Newport Police Department maintains these records. If the Newport Police Department does not maintain a record, or if a record does not contain the information...