As used in this chapter:
(1) “Agency” or “public body” means any executive, legislative, judicial, regulatory,
or administrative body of the state, or any political subdivision thereof; including,
but not limited to: any department, division, agency, commission, board, office, bureau,
authority; any school, fire, or water district, or other agency of Rhode Island state
or local government that exercises governmental functions; any authority as defined
in § 42-35-1(b); or any other public or private agency, person, partnership, corporation, or business
entity acting on behalf of and/or in place of any public agency.
(2) “Chief administrative officer” means the highest authority of the public body.
(3) “Public business” means any matter over which the public body has supervision, control,
jurisdiction, or advisory power.
(4) “Public record” or “public records” shall mean all documents, papers, letters, maps,
books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic
data processing records, computer stored data (including electronic mail messages,
except specifically for any electronic mail messages of or to elected officials with
or relating to those they represent and correspondence of or to elected officials
in their official capacities), or other material regardless of physical form or characteristics
made or received pursuant to law or ordinance or in connection with the transaction
of official business by any agency. For the purposes of this chapter, the following
records shall not be deemed public:
(A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient relationship,
including all medical information relating to an individual in any files.
(b) Personnel and other personal individually identifiable records otherwise deemed confidential
by federal or state law or regulation, or the disclosure of which would constitute
a clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided, however, with respect to employees, and employees of contractors
and subcontractors working on public works projects that are required to be listed
as certified payrolls, the name, gross salary, salary range, total cost of paid fringe
benefits, gross amount received in overtime, and any other remuneration in addition
to salary, job title, job description, dates of employment and positions held with
the state, municipality, or public works contractor or subcontractor on public works
projects, employment contract, work location, and/or project, business telephone number,
the city or town of residence, and date of termination shall be public. For the purposes
of this section “remuneration” shall include any payments received by an employee
as a result of termination, or otherwise leaving employment, including, but not limited
to, payments for accrued sick and/or vacation time, severance pay, or compensation
paid pursuant to a contract buy-out provision. For purposes of this section, the city
or town residence shall not be deemed public for peace officers, as defined in § 12-7-21, and shall not be released.
(II) Notwithstanding the provisions of this section, or any other provision of the general
laws to the contrary, the pension records of all persons who are either current or
retired members of any public retirement systems, as well as all persons who become
members of those retirement systems after June 17, 1991, shall be open for public
inspection. “Pension records” as used in this section, shall include all records containing
information concerning pension and retirement benefits of current and retired members
of the retirement systems and future members of said systems, including all records
concerning retirement credits purchased and the ability of any member of the retirement
system to purchase retirement credits, but excluding all information regarding the
medical condition of any person and all information identifying the member’s designated
beneficiary or beneficiaries unless and until the member’s designated beneficiary
or beneficiaries have received or are receiving pension and/or retirement benefits
through the retirement system.
(B) Trade secrets and commercial or financial information obtained from a person, firm,
or corporation that is of a privileged or confidential nature.
(C) Child custody and adoption records, records of illegitimate births, and records of
juvenile proceedings before the family court.
(D) All records maintained by law enforcement agencies for criminal law enforcement and
all records relating to the detection and investigation of crime, including those
maintained on any individual or compiled in the course of a criminal investigation
by any law enforcement agency. Provided, however, such records shall not be deemed
public only to the extent that the disclosure of the records or information (a) Could
reasonably be expected to interfere with investigations of criminal activity or with
enforcement proceedings; (b) Would deprive a person of a right to a fair trial or
an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted
invasion of personal privacy; (d) Could reasonably be expected to disclose the identity
of a confidential source, including a state, local, or foreign agency or authority,
or any private institution that furnished information on a confidential basis, or
the information furnished by a confidential source; (e) Would disclose techniques
and procedures for law enforcement investigations or prosecutions, or would disclose
guidelines for law enforcement investigations or prosecutions; or (f) Could reasonably
be expected to endanger the life or physical safety of any individual. Records relating
to management and direction of a law enforcement agency and records or reports reflecting
the initial arrest of an adult and the charge or charges brought against an adult
shall be public.
(E) Any records that would not be available by law or rule of court to an opposing party
in litigation.
(F) Scientific and technological secrets and the security plans of military and law enforcement
agencies, the disclosure of which would endanger the public welfare and security.
(G) Any records that disclose the identity of the contributor of a bona fide and lawful
charitable contribution to the public body whenever public anonymity has been requested
of the public body with respect to the contribution by the contributor.
(H) Reports and statements of strategy or negotiation involving labor negotiations or
collective bargaining.
(I) Reports and statements of strategy or negotiation with respect to the investment or
borrowing of public funds, until such time as those transactions are entered into.
(J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant
to chapter 46 of title 42.
(K) Preliminary drafts, notes, impressions, memoranda, working papers, and work products,
including those involving research at state institutions of higher education on commercial,
scientific, artistic, technical, or scholarly issues, whether in electronic or other
format; provided, however, any documents submitted at a public meeting of a public
body shall be deemed public.
(L) Test questions, scoring keys, and other examination data used to administer a licensing
examination, examination for employment or promotion, or academic examinations; provided,
however, that a person shall have the right to review the results of his or her examination.
(M) Correspondence of or to elected officials with or relating to those they represent
and correspondence of or to elected officials in their official capacities.
(N) The contents of real estate appraisals, engineering, or feasibility estimates and
evaluations made for or by an agency relative to the acquisition of property or to
prospective public supply and construction contracts, until such time as all of the
property has been acquired or all proceedings or transactions have been terminated
or abandoned; provided the law of eminent domain shall not be affected by this provision.
(O) All tax returns.
(P) All investigatory records of public bodies, with the exception of law enforcement
agencies, pertaining to possible violations of statute, rule, or regulation other
than records of final actions taken, provided that all records prior to formal notification
of violations or noncompliance shall not be deemed to be public.
(Q) Records of individual test scores on professional certification and licensing examinations;
provided, however, that a person shall have the right to review the results of his
or her examination.
(R) Requests for advisory opinions until such time as the public body issues its opinion.
(S) Records, reports, opinions, information, and statements required to be kept confidential
by federal law or regulation or state law or rule of court.
(T) Judicial bodies are included in the definition only in respect to their administrative
function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt from the operation of this chapter.
(U) Library records that, by themselves or when examined with other public records, would
reveal the identity of the library user requesting, checking out, or using any library
materials.
(V) Printouts from TELE — TEXT devices used by people who are deaf or hard of hearing
or speech impaired.
(W) All records received by the insurance division of the department of business regulation
from other states, either directly or through the National Association of Insurance
Commissioners, if those records are accorded confidential treatment in that state.
Nothing contained in this title or any other provision of law shall prevent or be
construed as prohibiting the commissioner of insurance from disclosing otherwise confidential
information to the insurance department of this or any other state or country, at
any time, so long as the agency or office receiving the records agrees in writing
to hold it confidential in a manner consistent with the laws of this state.
(X) Credit card account numbers in the possession of state or local government are confidential
and shall not be deemed public records.
(Y) Any documentary material, answers to written interrogatories, or oral testimony provided
under any subpoena issued under § 9-1.1-6.
(Z) Any individually identifiable evaluations of public school employees made pursuant
to state or federal law or regulation.
(AA) All documents prepared by school districts intended to be used by school districts
in protecting the safety of their students from potential and actual threats.
(BB) The list of teachers terminated for good and just cause maintained by the department
of education pursuant to § 16-13-9.
Notes of Decisions
Direct Action for Rights & Equality v. Gannon, 713 A.2d 218 (R.I. 1998).
· cites it 16× “In addition to the two exceptions codified in § 38-2-2(1) and (16), DARE also directs our attention to § 38-2-2(d)(4), as amended by P.”
Providence Journal Co. v. Sundlun, 616 A.2d 1131 (R.I. 1992).
· cites it 17× “The defendants in the present case argue that the records ordered disclosed by the trial justice are not “public records” as that term is defined by § 38-2-2(d) of the APRA and by this court in Kane and Brady .”
In Re New England Gas Co., 842 A.2d 545 (R.I. 2004).
· cites it 9× “On a previous occasion when a company attempted to keep financial reports from public disclosure, we remarked that a party seeking to have a document come within a specific exemption set forth in § 38-2-2 must carry a “heavy burden of proof.”
Pontbriand v. Sundlun, 699 A.2d 856 (R.I. 1997).
· cites it 6× “Information deemed “not * * * public” and not subject to release includes “financial information obtained from a person * * * which is of a privileged or confidential nature,” section 38-2-2(d)(2), and “[r]ecords, reports * * * required to be kept confidential by federal or…”
Hydron Labs., Inc. v. DEPT. OF ATTY. GEN., 492 A.2d 135 (R.I. 1985).
· cites it 13× “The DAG's justification for using Superior Court Rules of Civil Procedure 34 and 26(b) as the measure by which to determine the documents that would be produced was that these rules of court governed the other pending civil litigation between the plaintiff and the defendant, and…”
Pawtucket Teachers All. Local No. 920 v. Brady, 556 A.2d 556 (R.I. 1989).
· cites it 8× “372, § 2, of APRA grants every individual the right to inspect and copy all records maintained by public entities subject to twenty-two express exceptions contained in § 38-2-2, as amended by P.L.1986, ch. 203, *558 § 1.”
The Rake v. Gorodetsky, 452 A.2d 1144 (R.I. 1982).
· cites it 7× “For the stated reasons we conclude that the reports in question are not exempt from disclosure pursuant to the personnel-record exception, § 38-2-2(d)(l), or the investigatory records exception, § 38-2-2(d)(16). Section 38-2-2(d)(19) of the Rhode Island General Laws provides…”
Direct Action for Rights & Equality v. Gannon, 819 A.2d 651 (R.I. 2003).
· cites it 4× “Section 38-2-2(4)(i)(A)(I) exempts “[a]ll records which are identifiable to an individual applicant for benefits, client, patient, student, or employee, including, but not limited to, personnel, medical treatment, welfare, employment security # » In Kane , we held that employee…”
Providence Journal Co. v. Kane, 577 A.2d 661 (R.I. 1990).
· cites it 6× “The plaintiffs’ request for information that will uniquely identify State employees by name, address, and employment history directly contravenes the clear proscription set forth in § 38-2-2 against disclosure of all records which are identifiable to an individual employee,…”
— R.I. Gen. Laws § 38-2-2(1) — 4 cases
— R.I. Gen. Laws § 38-2-2(2) — 1 case
— R.I. Gen. Laws § 38-2-2(4) — 3 cases
— R.I. Gen. Laws § 38-2-2(4)(A)(I)(b) — 1 case
— R.I. Gen. Laws § 38-2-2(4)(B) — 1 case
— R.I. Gen. Laws § 38-2-2(4)(D)(c) — 1 case
— R.I. Gen. Laws § 38-2-2(4)(D)(e) — 1 case
— R.I. Gen. Laws § 38-2-2(4)(E) — 2 cases
— R.I. Gen. Laws § 38-2-2(4)(M) — 1 case
— R.I. Gen. Laws § 38-2-2(4)(S) — 1 case
— R.I. Gen. Laws § 38-2-2(4)(i) — 1 case
In Re New England Gas Co., 842 A.2d 545 (R.I. 2004).
“On a previous occasion when a company attempted to keep financial reports from public disclosure, we remarked that a party seeking to have a document come within a specific exemption set forth in § 38-2-2 must carry a “heavy burden of proof.”
— R.I. Gen. Laws § 38-2-2(4)(i)(A)(I) — 2 cases
Direct Action for Rights & Equality v. Gannon, 819 A.2d 651 (R.I. 2003).
“Section 38-2-2(4)(i)(A)(I) exempts “[a]ll records which are identifiable to an individual applicant for benefits, client, patient, student, or employee, including, but not limited to, personnel, medical treatment, welfare, employment security # » In Kane , we held that employee…”
— R.I. Gen. Laws § 38-2-2(4)(i)(A)(II) — 1 case
— R.I. Gen. Laws § 38-2-2(4)(i)(B) — 3 cases
In Re New England Gas Co., 842 A.2d 545 (R.I. 2004).
“On a previous occasion when a company attempted to keep financial reports from public disclosure, we remarked that a party seeking to have a document come within a specific exemption set forth in § 38-2-2 must carry a “heavy burden of proof.”
— R.I. Gen. Laws § 38-2-2(4)(i)(D) — 1 case
— R.I. Gen. Laws § 38-2-2(4)(i)(H) — 1 case
In Re New England Gas Co., 842 A.2d 545 (R.I. 2004).
“On a previous occasion when a company attempted to keep financial reports from public disclosure, we remarked that a party seeking to have a document come within a specific exemption set forth in § 38-2-2 must carry a “heavy burden of proof.”
— R.I. Gen. Laws § 38-2-2(4)(i)(K) — 1 case
— R.I. Gen. Laws § 38-2-2(4)(ii) — 2 cases
— R.I. Gen. Laws § 38-2-2(5)(D)(a) — 1 case
— R.I. Gen. Laws § 38-2-2(5)(i)(D)(a) — 1 case
— R.I. Gen. Laws § 38-2-2(6) — 1 case
Direct Action for Rights & Equality v. Gannon, 819 A.2d 651 (R.I. 2003).
“Section 38-2-2(4)(i)(A)(I) exempts “[a]ll records which are identifiable to an individual applicant for benefits, client, patient, student, or employee, including, but not limited to, personnel, medical treatment, welfare, employment security # » In Kane , we held that employee…”
— R.I. Gen. Laws § 38-2-2(a) — 1 case
— R.I. Gen. Laws § 38-2-2(d) — 5 cases
Hydron Labs., Inc. v. DEPT. OF ATTY. GEN., 492 A.2d 135 (R.I. 1985).
“The DAG's justification for using Superior Court Rules of Civil Procedure 34 and 26(b) as the measure by which to determine the documents that would be produced was that these rules of court governed the other pending civil litigation between the plaintiff and the defendant, and…”
Providence Journal Co. v. Sundlun, 616 A.2d 1131 (R.I. 1992).
“The defendants in the present case argue that the records ordered disclosed by the trial justice are not “public records” as that term is defined by § 38-2-2(d) of the APRA and by this court in Kane and Brady .”
Pawtucket Teachers All. Local No. 920 v. Brady, 556 A.2d 556 (R.I. 1989).
“372, § 2, of APRA grants every individual the right to inspect and copy all records maintained by public entities subject to twenty-two express exceptions contained in § 38-2-2, as amended by P.L.1986, ch. 203, *558 § 1.”
— R.I. Gen. Laws § 38-2-2(d)(1) — 10 cases
Providence Journal Co. v. Sundlun, 616 A.2d 1131 (R.I. 1992).
“The defendants in the present case argue that the records ordered disclosed by the trial justice are not “public records” as that term is defined by § 38-2-2(d) of the APRA and by this court in Kane and Brady .”
Providence Journal Co. v. Kane, 577 A.2d 661 (R.I. 1990).
“The plaintiffs’ request for information that will uniquely identify State employees by name, address, and employment history directly contravenes the clear proscription set forth in § 38-2-2 against disclosure of all records which are identifiable to an individual employee,…”
Pawtucket Teachers All. Local No. 920 v. Brady, 556 A.2d 556 (R.I. 1989).
“372, § 2, of APRA grants every individual the right to inspect and copy all records maintained by public entities subject to twenty-two express exceptions contained in § 38-2-2, as amended by P.L.1986, ch. 203, *558 § 1.”
— R.I. Gen. Laws § 38-2-2(d)(15) — 1 case
— R.I. Gen. Laws § 38-2-2(d)(16) — 2 cases
The Rake v. Gorodetsky, 452 A.2d 1144 (R.I. 1982).
“For the stated reasons we conclude that the reports in question are not exempt from disclosure pursuant to the personnel-record exception, § 38-2-2(d)(l), or the investigatory records exception, § 38-2-2(d)(16). Section 38-2-2(d)(19) of the Rhode Island General Laws provides…”
Pawtucket Teachers All. Local No. 920 v. Brady, 556 A.2d 556 (R.I. 1989).
“372, § 2, of APRA grants every individual the right to inspect and copy all records maintained by public entities subject to twenty-two express exceptions contained in § 38-2-2, as amended by P.L.1986, ch. 203, *558 § 1.”
— R.I. Gen. Laws § 38-2-2(d)(19) — 3 cases
The Rake v. Gorodetsky, 452 A.2d 1144 (R.I. 1982).
“For the stated reasons we conclude that the reports in question are not exempt from disclosure pursuant to the personnel-record exception, § 38-2-2(d)(l), or the investigatory records exception, § 38-2-2(d)(16). Section 38-2-2(d)(19) of the Rhode Island General Laws provides…”
Pontbriand v. Sundlun, 699 A.2d 856 (R.I. 1997).
“Information deemed “not * * * public” and not subject to release includes “financial information obtained from a person * * * which is of a privileged or confidential nature,” section 38-2-2(d)(2), and “[r]ecords, reports * * * required to be kept confidential by federal or…”
— R.I. Gen. Laws § 38-2-2(d)(2) — 2 cases
Pontbriand v. Sundlun, 699 A.2d 856 (R.I. 1997).
“Information deemed “not * * * public” and not subject to release includes “financial information obtained from a person * * * which is of a privileged or confidential nature,” section 38-2-2(d)(2), and “[r]ecords, reports * * * required to be kept confidential by federal or…”
— R.I. Gen. Laws § 38-2-2(d)(20) — 1 case
— R.I. Gen. Laws § 38-2-2(d)(22) — 1 case
Pontbriand v. Sundlun, 699 A.2d 856 (R.I. 1997).
“Information deemed “not * * * public” and not subject to release includes “financial information obtained from a person * * * which is of a privileged or confidential nature,” section 38-2-2(d)(2), and “[r]ecords, reports * * * required to be kept confidential by federal or…”
— R.I. Gen. Laws § 38-2-2(d)(4) — 1 case
— R.I. Gen. Laws § 38-2-2(d)(5) — 3 cases
Hydron Labs., Inc. v. DEPT. OF ATTY. GEN., 492 A.2d 135 (R.I. 1985).
“The DAG's justification for using Superior Court Rules of Civil Procedure 34 and 26(b) as the measure by which to determine the documents that would be produced was that these rules of court governed the other pending civil litigation between the plaintiff and the defendant, and…”
— R.I. Gen. Laws § 38-2-2(d)(l) — 7 cases
The Rake v. Gorodetsky, 452 A.2d 1144 (R.I. 1982).
“For the stated reasons we conclude that the reports in question are not exempt from disclosure pursuant to the personnel-record exception, § 38-2-2(d)(l), or the investigatory records exception, § 38-2-2(d)(16). Section 38-2-2(d)(19) of the Rhode Island General Laws provides…”
Providence Journal Co. v. Kane, 577 A.2d 661 (R.I. 1990).
“The plaintiffs’ request for information that will uniquely identify State employees by name, address, and employment history directly contravenes the clear proscription set forth in § 38-2-2 against disclosure of all records which are identifiable to an individual employee,…”
Providence Journal Co. v. Sundlun, 616 A.2d 1131 (R.I. 1992).
“The defendants in the present case argue that the records ordered disclosed by the trial justice are not “public records” as that term is defined by § 38-2-2(d) of the APRA and by this court in Kane and Brady .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.