PR 99-11 (1999).

Case DateSeptember 03, 1999
CourtRhode Island
Rhode Island Attorney General Opinions 1999. PR 99-11 (1999). State of Rhode IslandDepartment of the Attorney GeneralPR 99-11 (1999)PR 99-11 Carroll v. Tiverton Budget CommitteeUnofficial Finding PR 99-11September 3, 1999Mr. Paul E. CarrollriveTiverton, Rhode Island 02878Re: Carroll v. Tiverton Budget CommitteeOUR File No.: PR 99-0219 Dear Mr. Carroll: The investigation into your Access to Public Records Act (APRA) complaint is complete. You are the President of the Tiverton Town Council, although you assert that you are "filing an open records complaint as a private citizen." You allege that on the morning of Friday, April 23, 1999, you entered Tiverton Town Hall accompanied by an elected member of the Tiverton Budget Committee "to view the January and February minutes of the Tiverton Budget Committee." You relate that "[u]pon checking, [you] discovered there were no minutes on file, although [you] know for a fact that the Budget Committee has met weekly on every Thursday for months." In response to your complaint, this Department contracted the Town Solicitor, James A. Donnelly, Jr., Esquire, who forwarded a substantive response written by Mr. Christopher C. Cotta, Chairman of the Tiverton Budget Committee. Mr. Cotta relates that on the morning of April 23, 1999, a member of the Tiverton Budget Committee, Mr. Alexander Cote, entered the Town Clerk's office whereupon you informed Mr. Cote that the Tiverton Budget Committee does not maintain copies of its minutes. According to Mr. Cotta, Mr. Cote informed you that the Budget Committee does indeed maintain copies of its minutes within the Town Hall, although Mr. Cote Mr. Paul E. Carroll September 3, 1999 Page 2 of 3 acknowledged that he was uncertain as to the precise location. Mr. Cote suggested that you contact Mr. Cotta. On the afternoon of April 23, 1999, Mr. Cote informed Mr. Cotta of your request, which Mr. Cotta subsequently fulfilled and left in your Town Hall mailbox that afternoon. You filed the instant complaint on April 29, 1999. The APRA provides that with some exceptions, not applicable in this case, all records maintained by a public body shall be a public record and accessible to the public. See R.I. Gen. Laws § 38-2-2(4)(i)(A)-(W)(listing...

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