Rhode Island Advisory Opinions August 05, 1999: PR 99-10 (August 5, 1999)

Rhode Island Attorney General Opinions

1999.

PR 99-10 (1999).

OUR File No.: PR 99-0183

Dear Mr. Prybyla:

The investigation into your Access to Public Records Act (APRA) complaint filed against the Board of Elections is complete. You allege that the Chief Executive Officer of the Board of Elections, Mr. Roger N. Begin, violated the APRA by failing to provide you "all documents allowed by [the APRA] relating to the employment at the Board of Elections of Robert Fontaine." In a subsequent telephone conversation with the undersigned, you related that the time frame for this request was from February 15, 1999 to March 5, 1999.

After receiving your complaint, this Department contacted legal counsel for Mr. Begin, Robert E. Craven, Esquire. Mr. Craven supplied this Department with Mr. Fontaine's name, gross salary, total cost of paid fringe benefits, gross amounts received in overtime and additional renumeration, job title, work location, business telephone number, and town of residence. Mr. Craven also indicated that Mr. Fontaine has not been terminated.

The APRA provides that all records identifiable to an individual employee are deemed private except:

"the name, gross salary, salary range, total cost of paid fringe benefits, gross amount received in overtime, and

Mr. Walter T. Prybyla

August 5, 1999

Page 2 of 2

other renumeration in addition to salary, job title, job description, dates of employment and positions held within

the state or municipality, work location, business telephone number, the city or town of residence, and date of termination." R.I. Gen. Laws § 38-2-2(4)(i)(A)(I).

After reviewing Mr. Craven's response to this Department's investigatory request, it appears that with one exception all public information has been provided to you. The lone exception concerns the failure to provide documents relating to Mr. Fontaine's "job description." See R.I. Gen. Laws § 38-2-2(4)(i)(A)(I).

Consequently, if the Board of Elections maintains documents relating to Mr. Fontaine's "job description," these documents should be forwarded to you within ten (10) business days. On the other hand, the Board of Elections is not required "to reorganize, consolidate, or compile data not maintained." See R.I. Gen. Laws § 38-2-3(f). Thus, if these documents are not maintained by the Board of Elections, Mr. Craven should notify you of this fact within ten (10) business days. This Department requests that the Board of Elections forward to this Department a copy of its correspondence. If you have not received a response from Mr. Craven within ten (10) business days, you should contact the undersigned.

In addition, we find that the Board of Elections did not respond timely to your request for documents. The APRA provides that "[a]ny denial of the right to inspect or copy records . . . shall be made to the person or entity requesting the right by the public body official who has custody or control of the public record in writing giving the specific reasons for the denial within ten (10) business days of the request and indicating the procedures for appealing the denial." R.I. Gen. Laws § 38-2-7(a). "[F]or good cause, this limit may be extended for a period not to exceed thirty (30) business days." R.I. Gen. Laws § 38-2-7(b). The Board of Elections is instructed to respond timely to future requests for public documents in accordance with the provisions of the APRA.

We thank you for your interest in keeping government open and accountable to the public.

Very truly yours,

Michael W. Field

Special Assistant Attorney General

Extension 2380

MWF/cc

cc: Robert E. Craven, Esq.