PR 99-05 (1999).

Case DateApril 27, 1999
CourtRhode Island
Rhode Island Attorney General Opinions 1999. PR 99-05 (1999). State of Rhode IslandDepartment of the Attorney GeneralPR 99-05 (1999)PR 99-05 Prybyla v. Dr. D'Acchioli, City of WoonsocketApril 27, 1999Unofficial Finding PR 99-05Walter T. PrybylaWoonsocket, RI 02895Re: Prybyla v. Dr. D'Acchioli, City of WoonsocketOur File No. PR 99-0180 Dear Mr. Prybyla: The investigation into your Access to Public Records Act complaint against Anthony L. D'Acchioli, Ed.D., Superintendent of Schools for the City of Woonsocket, is complete. You assert that the Superintendent violated the Access to Public Records Act (APRA), R.I. Gen. Laws § 38-2-1 et seq., by failing to provide you with a copy of a former employee's employment contract, specifically the portion "regarding notification of termination-of-employment," and by failing to answer specific questions. On March 30, 1999, you forwarded a handwritten complaint to this Department. In response, the Superintendent, through his counsel, Richard R. Ackerman, Esq., submitted to this Department a substantive response to your allegations. The Superintendent contends that the instant employment contract is exempt from disclosure pursuant to R.I. Gen. Laws § 38-2-2(4)(i)(A)(I), and that your request for answers to specific questions was not within the purview of the APRA. The APRA governs the public's right to access public records. R.I. Gen. Laws § 38-2-1 et seq. The APRA specifically provides that all documents "made or received by a [public body] pursuant to law or ordinance or in connection with the transaction of official business by any agency" constitute public records. R.I. Gen. Laws § 38-2-2(4)(i). However, the APRA exempts from disclosure any document that falls within one of the twenty-three (23) categories set forth in R.I. Gen. Laws § 38-2-2(4)(i)(A) through (W). With respect to your complaint, the Superintendent properly asserts that the former employee's employment contract is exempt pursuant to R.I. Gen. Laws § 38-2-2(4)(i)(A)(I). In pertinent part this subsection exempts from disclosure: [A]ll personal or medical information relating to an individual in any files, including information relating to medical or psychological facts, personal finances, welfare, employment security, student performance, or information in personnel files maintained to hire, evaluate, promote or discipline...

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