PR 99-12 (1999).

Case DateSeptember 08, 1999
CourtRhode 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 compile...

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