PR 99-12 (1999).
Case Date | September 08, 1999 |
Court | Rhode Island |
Rhode Island Attorney General Opinions
1999.
PR 99-12 (1999).
State of Rhode
IslandDepartment of the Attorney GeneralPR 99-12 (1999)PR 99-12 Carrellas v. Portsmouth Police DepartmentUnofficial Finding PR 99-12September 8, 1999Mr. Matthew C. CarrellasWaltham, Mass.
02451Re: Carrellas v.
Portsmouth Police DepartmentOUR File No.: PR 99-0295
Dear Mr. Carrellas:
The investigation into your Access to Public Records Act (APRA)
complaint filed against the Portsmouth Police Department is complete. You
contend that although the Police Department provided you access to several
documents, you were denied access to other records. Among the documents
allegedly withheld were: (1) the radar log for January 25, 1999, including the
day's calibration results, (2) the make and model of the radar unit in the
patrol vehicle, (3) the officer's certificate to operate the radar, (4) the
officer's radar training record, (5) the radar's certificate of
calibration/testing, (6) the certification of the tuning forks used to
calibrate the radar, (7) the service/maintenance logs for the radar unit, and
(8) the patrol vehicle's repair records.
In response to your complaint, we received a substantive response
from Deputy Chief of Police Albert P. Clark. Deputy Chief Clark represents that
after consultation with this Department, additional documents "maintained by
the Portsmouth Police Department," were disclosed to you. These newly disclosed
documents include the make and the model of the radar unit in the patrol
vehicle (item two), the radar's certificate of calibration/testing (item five),
and the patrol vehicle's repair records (item eight). According to Deputy Chief
Clark, however, the officer's certificate to operate the radar unit (item
three) was not provided because "there is no certificate issued to officers
regarding the operation of radar." Moreover, regarding the remaining documents,
items one, four, six, and seven, Deputy Chief Clark relates that these
documents were not disclosed because "the Portsmouth Police Department does not
keep those records."
The APRA provides that all documents made or received in
connection with the official business of an agency are public records. R.I.
Gen. Laws § 38-2-2(4)(i). However, the APRA does not require "a public
body to reorganize, consolidate, or
Mr. Matthew C. Carrellas
September 8, 1999
Page 2 of 2
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