AG U96-02.

• Case Date: March 19, 1996
• Court: Rhode Island

Rhode Island Attorney General Opinions 1996. AG U96-02. UNOFFICIAL OPINION U96-02March 19, 1996Robert L. Carl, Jr., Ph.DDirector Department of Administration One Capitol Hill Providence, Rhode Island 02908 Dear Dr. Carl: I write in response to your March 6, 1996 request for an advisory opinion concerning the Access to Public Records Act (the "Act"). According to your letter, the Providence Journal has requested from the Department of Administration the dates, location and titles of courses taken by individual, named state employees in relation to curriculum incentive in-service training programs. You question whether this information is "public record". At the outset, please note that the Attorney General is required by R.I. Gen. Laws § 38-2-8 to investigate alleged violations of the Act, and where appropriate, prosecute such violations. Consequently, the Attorney General does not ordinarily issue advisory opinions to public bodies concerning the Access to Public Records Act (the "Act"). However, I am aware that the issue of incentive credits and pay raises is a matter of significant public importance. In addition, the issue of what employee records are public is clear under the statute and case law interpreting the Act, and has been previously ruled upon on numerous occasions by this Department. Consequently, I believe it would be appropriate for me to provide the following guidance concerning the pending document request. As you know, the Act governs the public's right to access public records. The Act provides that all documents maintained by public bodies are subject to public disclosure unless the documents fall within one of twenty-three (23) categories of documents the legislature has exempted from the mandatory disclosure requirement. Pertinent to the Providence Journal's request is R.I. Gen. Laws § 38-2-2(d)(1) which specifies that the following documents are not public:

All records which are identifiable to an individual applicant for benefits, client, patient, student or employee; ... [including] 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

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