PR 99-08 (1999).

• Case Date: May 27, 1999
• Court: Rhode Island

Rhode Island Attorney General Opinions 1999. PR 99-08 (1999). State of Rhode IslandDepartment of the Attorney GeneralPR 99-08 (1999)PR 99-08 Marcello v. Town of ScituateUnofficial Finding: PR 99-08May 27, 1999Michael J. Marcello, Esq.Scituate, RI 02857Re: Marcello v. Town of ScituateOur File No.: PR 99-0172 Dear Mr. Marcello: The investigation, with respect to your Access to Public Records Act ("APRA") complaint against the Town of Scituate (hereinafter "Town") is complete. You believe that the Board violated the APRA by failing to provide you with the "documents prepared by the town clerk re: Town Clerk Duties -vs.- Administrative Assistant as referred to and submitted to the Council at its February 1999 meeting." In your letter of complaint to this office, you relate that on March 3, 1999 you made a formal access to public records request to Town Clerk Patricia Salley. Ms. Salley provided you with a written response, in which she explained that several of the items you requested were immediately available to you. She further provided that other items would take additional processing time, and "Item #4, request for documents prepared by the Town Clerk for the Town Council, has been reviewed by Town Solicitor Gorham, and a copy of his opinion is attached." Mr. Gorham's opinion read: the information you prepared is more in the nature of a memorandum than correspondence. If the document was submitted to the Council at the public session of the February Council Meeting, you should honor the request; however, if it was not submitted at the public session, you do not have to supply it. Mr. Gorham's opinion went on to provide that the Town Clerk's office should "provide the person making the request with the information sought." Despite this advice from the Town Solicitor, Ms. Salley did not provide you with the information, nor did she inform you that it was available to you at the Town Clerk's office at anytime (See: Town Clerk's response to your request for Item #3). Michael J. Marcello, Esq. May 27, 1999 Page 2 of 3 In pursuit of our investigation, we received the Town's written response from John Gorham, Esquire in which he states: "there appears to be some confusion because Ms. Salley did not unequivocally deny the records sought. As noted in my letter, the statute is vague. At any rate, whether or not the memoranda are public...