PR 99-14B (1999).

• Case Date: January 28, 2000
• Court: Rhode Island

Rhode Island Attorney General Opinions 2000. PR 99-14B (1999). State of Rhode IslandDepartment of the Attorney GeneralPR 99-14B (1999)PR 99-14B Tetreault v. Lincoln School CommitteeUnofficial Finding PR 99-14BJanuary 28, 2000Mr. Edwin H. TetreaultLincoln, RI 02865Re: Tetreault v. Lincoln School CommitteeAnd Superintendent of Schools, Dr. Robert A. DiRobbio Our File No: PR99-0046 Dear Mr. Tetreault: In Tetreault v. Lincoln School Committee and Superintendent of Schools, Dr. Robert A. DiRobbio, PR 99-14, this Department responded to an Access to Public Records Act ("APRA") complaint, which alleged that you had been denied access to a private detective's report from D.B. Kelly Associates, Inc. Based upon the evidence presented in that case, we found that the requested document did not exist. Accordingly, we found no violation. After this Department's unofficial finding in PR 99-14, your Representative, John D. Barr II, contacted the undersigned to object to our conclusion, and in fact, forwarded to this Department a partial memorandum written by D.B. Kelly Associates, Inc. This memorandum appeared to be submitted to the Lincoln School Department and concerned Mr. Edwin H. Tetreault January 28, 2000 Page 2 of 3 an investigation into alleged worker's compensation system abuses by you and another individual. In response to this newly presented evidence, this Department contacted Attorneys Stephen Robinson, Benjamin M. Scungio, and Andrew Henneous. Mr. Henneous submitted a substantive statement and relates that "Mr. Robinson, as attorney for the Lincoln School Department, ordered said investigatory report for his use as counsel for the School Committee." Moreover, Mr. Henneous stated that "[t]he investigation of Mr. Tetreault related to questions concerning improper use of sick time, improperly filled-out time sheets, and various other serious breaches of Lincoln School Department rules and regulations." Based upon these representations, the APRA, and Rhode Island Supreme Court case law, Mr. Henneous concludes that "this report constitutes attorney work product pursuant to Rhode Island law." 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 exempts from public disclosure, twenty-three (23) categories of documents...