AG U96-07.

• Case Date: September 18, 1996
• Court: Rhode Island

Rhode Island Attorney General Opinions 1996. AG U96-07. UNOFFICIAL OPINION U96-07September 18, 1996Honorable James R. LangevinSecretary of State Room 218, State House Providence, Rhode Island 02903 Dear Secretary Langevin: Your August 20, 1996 letter to Attorney General Pine has been referred to me. You request an advisory opinion concerning whether certain documents are exempt from disclosure under the Access to Public Records Act (R.I. Gen. Laws § 38-2-1 - the "Act"). You indicate that the documents in question are part of the "Governor Sundlun Administration Papers" transmitted to the State Archivist at the end of the Sundlun administration. Both former Governor Sundlun and counsel for DEPCO have written to you to indicate that the documents listed are privileged and confidential. DEPCO has provided you with a detailed list of the documents, as well as the exemption they claim under the Act. As you know, the Attorney General is required by R.I. Gen. Laws § 38-2-8 to investigate alleged violations of the Access to Public Records Act and, where appropriate, to prosecute violations thereof on behalf of members of the public. In accordance with his statutory duty to act on behalf of/represent citizens in this regard, the Attorney General does not render legal advice to public bodies concerning the Act. In addition, I note that you indicate that there is pending litigation associated with this matter. Indeed, this Department was previously informed by counsel for DEPCO that the documents in question were the subject of actual and or potential disputes in a pending lawsuit. In accordance with the attached policy, the Attorney General does not render legal advice on questions which are the subject matter of litigation or which are likely to be resolved in litigation. Notwithstanding, I recognize that the...