PR 99-17 (1999).

• Case Date: November 19, 1999
• Court: Rhode Island

Rhode Island Attorney General Opinions 1999. PR 99-17 (1999). State of Rhode IslandDepartment of the Attorney GeneralPR 99-17 (1999)PR 99-17 Dietz v. Board of Registration for Professional Land SurveyorsUnofficial Finding OM 99-25Unofficial Finding PR 99-17November 19, 1999Mr. Richard F. DietzEast Greenwich, Rhode Island 02818Re: Dietz v. Board of Registration for Professional Land SurveyorsOur File No.: PR 99-0287 Dear Mr. Dietz: The investigation into your Open Meetings Act (OMA) and Access to Public Records Act (APRA) complaints filed against the Board of Registration for Professional Land Surveyors (Board) is complete. You filed a two-count complaint. Count one of your complaint alleges that the Board violated the OMA "on or about November 21, 1998, to on or about May 13, 1999," by unlawfully, knowingly, and willfully failing to file open session minutes within thirty-five days of a meeting with the Secretary of State's Office as required by R.I. Gen. Laws § 42-46-7(b). Specifically, you contend that on three occasions within this time period you visited the Secretary of State's Office and were "informed that no minutes for meetings of [the Board] had been filed since October 1998." Count two of your complaint alleges that the Board violated the APRA by unlawfully, knowingly, and willfully failing to provide you access to certain public documents that pertain to the Board's decision not to renew your license to practice land surveying. In particular, you seek any and all documents from January 1, 1994, to December 31, 1998, that pertain to your licensing situation, character, and litigation. You also seek a "record of any and all votes taken." Mr. Richard F. Dietz November 19, 1999 Page 2 of 4 Furthermore, in a subsequent letter dated September 17, 1999, you informed this Department that you had filed an affidavit in the Superior Court "to support my Motion for a Writ of Mandamus concerning the [Board's] refusal to provide the Court with a certified copy of the record concerning my appeal for judiciary review." You represent that the motion had been heard by Mr. Justice Silverstein, who ordered the Board to produce all records relative to you from January 1994 to the present. Despite this order, you relate that the Board failed to comply with the Court's mandate. In response to your complaint, we contacted legal counsel for...