PR 99-05 (1999).
Case Date | April 27, 1999 |
Court | Rhode 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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