38-1-1. Delivery of records on leaving public office.

Every person who shall hold a public office shall, upon leaving the office, deliver to his or her successor in office, or, if there is no successor, to the public records administration program of the office of secretary of state, all records, books, writings, letters, and documents, kept or received by him or her in the transaction of his or her official business, and to the director of the department of administration all money in his or her hands which he or she shall have received as trust funds from any person or otherwise in the course of his or her official business; and every person who shall, without just cause, refuse or neglect for the space of ten (10) days after request made in writing by any citizen of the state, to deliver as herein required those records, books, writings, letters, or documents, or to pay over those moneys, to the person authorized to receive the requested items, shall be fined not exceeding five hundred dollars ($500) and be imprisoned not exceeding five (5) years.

History of Section. G.L. 1896, ch. 31, § 1; G.L. 1909, ch. 41, § 1; G.L. 1923, ch. 42, § 1; G.L. 1938, ch. 494, § 1; G.L. 1956, § 38-1-1 ; P.L. 1981, ch. 353, § 2; P.L. 1997, ch. 326, § 167; P.L. 2000, ch. 233, § 1.

38-1-1.1. Definitions.

For the purpose of this chapter:

1. “Agency” or “public body” shall mean any executive, legislative, judicial, regulatory, 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 or quasi-public agency of Rhode Island state or local government which exercises governmental functions, or any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.
2. “Public business” means any matter over which the public body has supervision, control, jurisdiction, or advisory power.
3. “Public record” or “public records” shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, 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.
4. “Supervisor of the regulatory body” means the chief or head of a section having enforcement responsibility for a particular statute or set of rules and regulations within a regulatory agency.

History of Section. P.L. 1981, ch. 353, § 1; P.L. 2011, ch. 363, § 40; P.L. 2012, ch. 451, § 1.

38-1-2. Delivery of records to lawful custodian.

Every person, other than the lawful custodian thereof, who shall have in his or her possession, or under his or her control, any such record, book, writing, letter, or document as is designated in § 38-1-1 and who shall, without just cause, refuse or neglect for the space of ten (10) days after request made in writing by any citizen of the state, to deliver that record, book, writing, letter, or document to the lawful custodian of the records shall be fined not exceeding five hundred dollars ($500) and be imprisoned not exceeding five (5) years.

History of Section. G.L. 1896, ch. 31, § 2; G.L. 1909, ch. 41, § 2; G.L. 1923, ch. 42, § 2; G.L. 1938, ch. 494, § 2; G.L. 1956, § 38-1-2 .

38-1-3. Receptacles for city and town records.

It shall be the duty of every city and town to provide fireproof receptacles for records and documents relating to the official business of the city or town where the records and documents may be kept free from injury from any cause. The receptacles shall be of suitable type and subject to approval by the public records administrator. In case of failure of any city or town to provide fireproof receptacles, in accordance with the provisions of this section, it shall be the duty of the public records administrator to furnish receptacles as may be suitable for that purpose, and he or she shall have a claim against the town for that expense, which claim shall be enforced in accordance with § 45-15-5 .

History of Section. G.L. 1909, ch. 41, § 3; P.L. 1911, ch. 700, § 1; G.L. 1923, ch. 42, § 3; P.L. 1926, ch. 839, § 1; G.L. 1938, ch. 494, § 3; G.L. 1956, § 38-1-3 ; P.L. 1981, ch. 353, § 2.

38-1-4. Keeping of records in vaults provided — Penalty.

When not in use, the records and documents shall be kept in the fireproof rooms, vaults, or safes provided for them. Whoever unlawfully keeps in his or her possession any public record, or unlawfully removes the record from the room in which it is usually kept, or alters, defaces, mutilates, or destroys any public record, or violates any provision of this section, shall, for each offense, be punished by a fine of not less than twenty dollars ($20.00) nor more than five hundred dollars ($500).

History of Section. G.L. 1909, ch. 41, § 4; P.L. 1911, ch. 700, § 1; G.L. 1923, ch. 42, § 4; G.L. 1938, ch. 494, § 4; G.L. 1956, § 38-1-4 .

38-1-5 — 38-1-8. Repealed.

History of Section. P.L. 1910, ch. 645, §§ 1, 2; P.L. 1912, ch. 822, § 1; P.L. 1916, ch. 1397, § 1; P.L. 1919, ch. 1732, § 1; P.L. 1920, ch. 1922, § 1; P.L. 1922, ch. 2219, § 1; G.L. 1923, ch. 36, §§ 5, 6; G.L. 1923, ch. 42, § 5; P.L. 1925, ch. 622, § 2; P.L. 1927, ch. 985, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 494, §§ 5—8; G.L. 1956, §§ 38-1-5 — 38-1-8; Repealed by P.L. 1981, ch. 353, § 3.

38-1-9. Custodian designated.

The elected or appointed state, county, or municipal officer or officers charged by law with the responsibility of maintaining the office having public records shall be the custodian thereof.

History of Section. P.L. 1981, ch. 353, § 4.

38-1-10. Disposal of records.

No public official may mutilate, destroy, sell, loan, or otherwise dispose of any public record without the consent of the public records administration program of the secretary of state.

History of Section. P.L. 1981, ch. 353, § 4; P.L. 2000, ch. 233, § 1.

38-1-11. Assistance of the public records administration program.

The public records administration program of the secretary of state shall have the right to examine the condition of public records and shall give advice and assistance to public officials in the solution of their problems of preserving, creating, filing, and making available the public records in their custody. When requested by the program, public officials shall assist the program in the preparation of records control schedules of public records in their custody approved by the head of the agency having custody of the records. Upon review and approval of the schedules by the program, the program shall, subject to the availability of necessary space, staff, and other facilities for those purposes, make available space in its record center for the filing of semi-current records so scheduled and in its public records repository for noncurrent records of permanent value and shall render other assistance as needed, including the microfilming of records so scheduled.

History of Section. P.L. 1981, ch. 353, § 4; P.L. 2000, ch. 233, § 1.

38-2-1. Purpose.

The public’s right to access to public records and the individual’s right to dignity and privacy are both recognized to be principles of the utmost importance in a free society. The purpose of this chapter is to facilitate public access to public records. It is also the intent of this chapter to protect from disclosure information about particular individuals maintained in the files of public bodies when disclosure would constitute an unwarranted invasion of personal privacy.

History of Section. P.L. 1979, ch. 202, § 1; P.L. 1998, ch. 378, § 1.

38-2-2. Definitions.

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:

1. (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.
2. Trade secrets and commercial or financial information obtained from a person, firm, or corporation that is of a privileged or confidential nature.
3. Child custody and adoption records, records of illegitimate births, and records of juvenile proceedings before the family court.
4. 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.
5. Any records that would not be available by law or rule of court to an opposing party in litigation.
6. 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.
7. 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.
8. Reports and statements of strategy or negotiation involving labor negotiations or collective bargaining.
9. 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.
10. Any minutes of a meeting of a public body that are not required to be disclosed pursuant to chapter 46 of title 42.
11. 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.
12. 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.
13. Correspondence of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities.
14. 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.
15. All tax returns.
16. 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.
17. 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.
18. Requests for advisory opinions until such time as the public body issues its opinion.
19. Records, reports, opinions, information, and statements required to be kept confidential by federal law or regulation or state law or rule of court.
20. 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.
21. 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.
22. Printouts from TELE — TEXT devices used by people who are deaf or hard of hearing or speech impaired.
23. 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.
24. Credit card account numbers in the possession of state or local government are confidential and shall not be deemed public records.
25. Any documentary material, answers to written interrogatories, or oral testimony provided under any subpoena issued under § 9-1.1-6 .
26. Any individually identifiable evaluations of public school employees made pursuant to state or federal law or regulation.

(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.

(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.

History of Section. P.L. 1979, ch. 202, § 1; P.L. 1980, ch. 269, § 1; P.L. 1981, ch. 353, § 5; P.L. 1982, ch. 416, § 1; P.L. 1984, ch. 372, § 2; P.L. 1986, ch. 203, § 1; P.L. 1991, ch. 208, § 1; P.L. 1991, ch. 263, § 1; P.L. 1995, ch. 112, § 1; P.L. 1998, ch. 378, § 1; P.L. 1999, ch. 83, § 85; P.L. 1999, ch. 130, § 85; P.L. 2002, ch. 65, art. 13, § 29; P.L. 2007, ch. 73, art. 18, § 3; P.L. 2011, ch. 363, § 41; P.L. 2012, ch. 423, § 1; P.L. 2012, ch. 448, § 1; P.L. 2012, ch. 454, § 1; P.L. 2012, ch. 482, § 1; P.L. 2013, ch. 153, § 1; P.L. 2013, ch. 223, § 1; P.L. 2013, ch. 342, § 1; P.L. 2013, ch. 411, § 1; P.L. 2017, ch. 48, § 1; P.L. 2017, ch. 54, § 1; P.L. 2018, ch. 186, § 1; P.L. 2018, ch. 237, § 1; P.L. 2018, ch. 346, § 25; P.L. 2021, ch. 284, § 1, effective July 9, 2021; P.L. 2021, ch. 285, § 1, effective July 9, 2021.

38-2-3. Right to inspect and copy records — Duty to maintain minutes of meetings — Procedures for access.

1. Except as provided in § 38-2-2(4) , all records maintained or kept on file by any public body, whether or not those records are required by any law or by any rule or regulation, shall be public records and every person or entity shall have the right to inspect and/or copy those records at such reasonable time as may be determined by the custodian thereof.
2. Any reasonably segregable portion of a public record excluded by § 38-2-2(4) shall be available for public inspection after the deletion of the information which is the basis of the exclusion. If an entire document or record is deemed non-public, the public body shall state in writing that no portion of the document or record contains reasonable segregable information that is releasable.
3. Each public body shall make, keep, and maintain written or recorded minutes of all meetings.
4. Each public body shall establish written procedures regarding access to public records but shall not require written requests for public information available pursuant to § 42-35-2 or for other documents prepared for or readily available to the public.
5. A public body receiving a request shall permit the inspection or copying within ten (10) business days after receiving a request. If the inspection or copying is not permitted within ten (10) business days, the public body shall forthwith explain in writing the need for additional time to comply with the request. Any such explanation must be particularized to the specific request made. In such cases the public body may have up to an additional twenty (20) business days to comply with the request if it can demonstrate that the voluminous nature of the request, the number of requests for records pending, or the difficulty in searching for and retrieving or copying the requested records, is such that additional time is necessary to avoid imposing an undue burden on the public body.
6. If a public record is in active use or in storage and, therefore, not available at the time a person or entity requests access, the custodian shall so inform the person or entity and make an appointment for the person or entity to examine such records as expeditiously as they may be made available.
7. Any person or entity requesting copies of public records may elect to obtain them in any and all media in which the public agency is capable of providing them. Any public body which maintains its records in a computer storage system shall provide any data properly identified in a printout or other reasonable format, as requested.
8. Nothing in this section shall be construed as requiring a public body to reorganize, consolidate, or compile data not maintained by the public body in the form requested at the time the request to inspect the public records was made except to the extent that such records are in an electronic format and the public body would not be unduly burdened in providing such data.
9. Nothing in this section is intended to affect the public record status of information merely because it is stored in a computer.
10. No public records shall be withheld based on the purpose for which the records are sought, nor shall a public body require, as a condition of fulfilling a public records request, that a person or entity provide a reason for the request or provide personally identifiable information about him/herself.
11. At the election of the person or entity requesting the public records, the public body shall provide copies of the public records electronically, by facsimile, or by mail in accordance with the requesting person or entity’s choice, unless complying with that preference would be unduly burdensome due to the volume of records requested or the costs that would be incurred. The person requesting delivery shall be responsible for the actual cost of delivery, if any.

These procedures must include, but need not be limited to, the identification of a designated public records officer or unit, how to make a public records request, and where a public record request should be made, and a copy of these procedures shall be posted on the public body’s website if such a website is maintained and be made otherwise readily available to the public. The unavailability of a designated public records officer shall not be deemed good cause for failure to timely comply with a request to inspect and/or copy public records pursuant to subsection (e). A written request for public records need not be made on a form established by a public body if the request is otherwise readily identifiable as a request for public records.

History of Section. P.L. 1979, ch. 202, § 1; P.L. 1984, ch. 372, § 2; P.L. 1997, ch. 326, § 168; P.L. 1998, ch. 378, § 1; P.L. 2011, ch. 363, § 41; P.L. 2012, ch. 448, § 1; P.L. 2012, ch. 454, § 1; P.L. 2016, ch. 512, art. 1, § 24.

38-2-3.1. Records required.

All records required to be maintained pursuant to this chapter shall not be replaced or supplemented with the product of a “real-time translation reporter”.

History of Section. P.L. 2000, ch. 430, § 1.

38-2-3.2. Arrest logs.

1. Notwithstanding the provisions of § 38-2-3(e) , the following information reflecting an initial arrest of an adult and charge or charges shall be made available within forty-eight (48) hours after receipt of a request unless a request is made on a weekend or holiday, in which event the information shall be made available within seventy-two (72) hours, to the extent such information is known by the public body:
   1. Full name of the arrested adult;
   2. Home address of the arrested adult, unless doing so would identify a crime victim;
   3. Year of birth of the arrested adult;
   4. Charge or charges;
   5. Date of the arrest;
   6. Time of the arrest;
   7. Gender of the arrested adult;
   8. Race of the arrested adult; and
   9. Name of the arresting officer, unless doing so would identify an undercover officer.
2. The provisions of this section shall apply to arrests made within five (5) days prior to the request.

History of Section. P.L. 2012, ch. 448, § 2; P.L. 2012, ch. 454, § 2.

38-2-3.16. Compliance by agencies and public bodies.

Not later than January 1, 2013, and annually thereafter, the chief administrator of each agency and each public body shall state in writing to the attorney general that all officers and employees who have the authority to grant or deny persons or entities access to records under this chapter have been provided orientation and training regarding this chapter. The attorney general may, in accordance with the provisions of chapter 35 of title 42, promulgate rules and regulations necessary to implement the requirements of this section.

History of Section. P.L. 2012, ch. 448, § 2; P.L. 2012, ch. 454, § 2.

38-2-4. Cost.

1. Subject to the provisions of § 38-2-3 , a public body must allow copies to be made or provide copies of public records. The cost per copied page of written documents provided to the public shall not exceed fifteen cents ($.15) per page for documents copyable on common business or legal size paper. A public body may not charge more than the reasonable actual cost for providing electronic records or retrieving records from storage where the public body is assessed a retrieval fee.
2. A reasonable charge may be made for the search or retrieval of documents. Hourly costs for a search and retrieval shall not exceed fifteen dollars ($15.00) per hour and no costs shall be charged for the first hour of a search or retrieval. For the purposes of this subsection, multiple requests from any person or entity to the same public body within a thirty (30) day time period shall be considered one request.
3. Copies of documents shall be provided and the search and retrieval of documents accomplished within a reasonable time after a request. A public body upon request, shall provide an estimate of the costs of a request for documents prior to providing copies.
4. Upon request, the public body shall provide a detailed itemization of the costs charged for search and retrieval.
5. A court may reduce or waive the fees for costs charged for search or retrieval if it determines that the information requested is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.

History of Section. P.L. 1979, ch. 202, § 1; P.L. 1986, ch. 416, § 1; P.L. 1991, ch. 263, § 1; P.L. 1998, ch. 378, § 1; P.L. 2012, ch. 448, § 1; P.L. 2012, ch. 454, § 1.

38-2-5. Effect of chapter on broader agency publication — Existing rights — Judicial records and proceedings.

Nothing in this chapter shall be:

1. Construed as preventing any public body from opening its records concerning the administration of the body to public inspection;
2. Construed as limiting the right of access as it existed prior to July 1, 1979, of an individual who is the subject of a record to the information contained herein; or
3. Deemed in any manner to affect the status of judicial records as they existed prior to July 1, 1979, nor to affect the rights of litigants in either criminal or civil proceedings, including parties to administrative proceedings, under the laws of discovery of this state.

History of Section. P.L. 1979, ch. 202, § 1.

38-2-6. Repealed.

History of Section. P.L. 1979, ch. 202, § 1; Repealed by P.L. 2012, ch. 448, § 3, effective September 1, 2012; P.L. 2012, ch. 454, § 3, effective September 1, 2012.

38-2-7. Denial of access.

1. Any denial of the right to inspect or copy records, in whole or in part provided for under this chapter shall be made to the person or entity requesting the right 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. Except for good cause shown, any reason not specifically set forth in the denial shall be deemed waived by the public body.
2. Failure to comply with a request to inspect or copy the public record within the ten (10) business day period shall be deemed to be a denial. Except that for good cause, this limit may be extended in accordance with the provisions of § 38-2-3(e) . All copying and search and retrieval fees shall be waived if a public body fails to produce requested records in a timely manner; provided, however, that the production of records shall not be deemed untimely if the public body is awaiting receipt of payment for costs properly charged under § 38-2-4 .
3. A public body that receives a request to inspect or copy records that do not exist or are not within its custody or control shall, in responding to the request in accordance with this chapter, state that it does not have or maintain the requested records.

History of Section. P.L. 1979, ch. 202, § 1; P.L. 1991, ch. 263, § 1; P.L. 1998, ch. 378, § 1; P.L. 2012, ch. 448, § 1; P.L. 2012, ch. 454, § 1.

38-2-8. Administrative appeals.

1. Any person or entity denied the right to inspect a record of a public body may petition the chief administrative officer of that public body for a review of the determinations made by his or her subordinate. The chief administrative officer shall make a final determination whether or not to allow public inspection within ten (10) business days after the submission of the review petition.
2. If the custodian of the records or the chief administrative officer determines that the record is not subject to public inspection, the person or entity seeking disclosure may file a complaint with the attorney general. The attorney general shall investigate the complaint and if the attorney general shall determine that the allegations of the complaint are meritorious, he or she may institute proceedings for injunctive or declaratory relief on behalf of the complainant in the superior court of the county where the record is maintained. Nothing within this section shall prohibit any individual or entity from retaining private counsel for the purpose of instituting proceedings for injunctive or declaratory relief in the superior court of the county where the record is maintained.
3. The attorney general shall consider all complaints filed under this chapter to have also been filed pursuant to the provisions of § 42-46-8(a) , if applicable.
4. Nothing within this section shall prohibit the attorney general from initiating a complaint on behalf of the public interest.

History of Section. P.L. 1979, ch. 202, § 1; P.L. 1981, ch. 279, § 2; P.L. 1998, ch. 378, § 1; P.L. 2006, ch. 378, § 1; P.L. 2006, ch. 472, § 1; P.L. 2012, ch. 448, § 1; P.L. 2012, ch. 454, § 1.

38-2-9. Jurisdiction of superior court.

1. Jurisdiction to hear and determine civil actions brought under this chapter is hereby vested in the superior court.
2. The court may examine any record which is the subject of a suit in camera to determine whether the record or any part thereof may be withheld from public inspection under the terms of this chapter.
3. Actions brought under this chapter may be advanced on the calendar upon motion of any party, or sua sponte by the court made in accordance with the rules of civil procedure of the superior court.
4. The court shall impose a civil fine not exceeding two thousand dollars ($2,000) against a public body or official found to have committed a knowing and willful violation of this chapter, and a civil fine not to exceed one thousand dollars ($1,000) against a public body found to have recklessly violated this chapter and shall award reasonable attorney fees and costs to the prevailing plaintiff. The court shall further order a public body found to have wrongfully denied access to public records to provide the records at no cost to the prevailing party; provided, further, that in the event that the court, having found in favor of the defendant, finds further that the plaintiff’s case lacked a grounding in fact or in existing law or in good faith argument for the extension, modification, or reversal of existing law, the court may award attorney’s fees and costs to the prevailing defendant. A judgment in the plaintiff’s favor shall not be a prerequisite to obtaining an award of attorney’s fees and/or costs if the court determines that the defendant’s case lacked grounding in fact or in existing law or a good faith argument for extension, modification or reversal of existing law.

History of Section. P.L. 1979, ch. 202, § 1; P.L. 1988, ch. 87, § 1; P.L. 1991, ch. 263, § 1; P.L. 1998, ch. 378, § 1; P.L. 2012, ch. 448, § 1; P.L. 2012, ch. 454, § 1.

38-2-10. Burden of proof.

In all actions brought under this chapter, the burden shall be on the public body to demonstrate that the record in dispute can be properly withheld from public inspection under the terms of this chapter.

History of Section. P.L. 1979, ch. 202, § 1.

38-2-11. Right supplemental.

The right of the public to inspect public records created by this chapter shall be in addition to any other right to inspect records maintained by public bodies.

History of Section. P.L. 1979, ch. 202, § 1.

38-2-12. Severability.

If any provision of this chapter is held unconstitutional, the decision shall not affect the validity of the remainder of this chapter. If the application of this chapter to a particular record is held invalid, the decision shall not affect other applications of this chapter.

History of Section. P.L. 1979, ch. 202, § 1.

38-2-13. Records access continuing.

All records initially deemed to be public records which any person may inspect and/or copy under the provisions of this chapter, shall continue to be so deemed whether or not subsequent court action or investigations are held pertaining to the matters contained in the records.

History of Section. P.L. 1986, ch. 345, § 1.

38-2-14. Information relating to settlement of legal claims.

Settlement agreements of any legal claims against a governmental entity shall be deemed public records.

History of Section. P.L. 1991, ch. 263, § 2; P.L. 1998, ch. 378, § 1.

38-2-15. Reported violations.

Every year the attorney general shall prepare a report summarizing all the complaints received pursuant to this chapter, which shall be submitted to the legislature and which shall include information as to how many complaints were found to be meritorious and the action taken by the attorney general in response to those complaints.

History of Section. P.L. 1998, ch. 378, § 2.

38-2-16. 38 Studios, LLC investigation.

Notwithstanding any other provision of this chapter or state law, any investigatory records generated or obtained by the Rhode Island state police or the Rhode Island attorney general in conducting an investigation surrounding the funding of 38 Studios, LLC by the Rhode Island economic development corporation shall be made available to the public; provided, however:

1. With respect to such records, birthdates, social security numbers, home addresses, financial account number(s) or similarly sensitive personally identifiable information, but not the names of the individuals themselves, shall be redacted from those records prior to any release. The provisions of § 12-11.1-5.1 shall not apply to information disclosed pursuant to this section.

History of Section. P.L. 2017, ch. 304, § 1; P.L. 2017, ch. 310, § 1.

38-3-1. Short title.

This chapter shall be known as the “Public Records Administration Act.”

History of Section. P.L. 1981, ch. 353, § 6.

38-3-2. Definitions.

For the purpose of this chapter:

1. “Agency” or “public body” shall mean any executive, legislative, judicial, regulatory, 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 or quasi-public agency of state or local government which exercises governmental functions, or any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.
2. “Program” shall mean the public records administration program of the secretary of state.
3. “Public record” or “public records” shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, 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.
4. “Public records repository” shall mean the establishment maintained by the program for preservation of those public records determined by the program to have permanent value warranting their continued preservation and which has been accepted by the program for transfer to its custody.
5. “Records center” shall mean an establishment maintained by the program for the storage, processing, servicing, and security of public records that must be retained for varying periods of time but need not be retained in an agency’s office equipment or space.
6. “Records control schedule” shall mean the document establishing the official retention, maintenance, and disposal requirements for a series or type of record based on administrative, legal, fiscal, and historical values for the scheduled records.

History of Section. P.L. 1981, ch. 353, § 6; P.L. 1991, ch. 179, § 1; P.L. 2011, ch. 363, § 42; P.L. 2012, ch. 451, § 2.

38-3-3. Public records administration program.

1. The public records administration program shall be organized as deemed necessary by the secretary of state for the proper discharge of its duties and responsibilities under this chapter. All personnel, furnishings, equipment, finances, property, and contractual arrangements of the public records administration shall be the responsibility of the secretary of state.
2. There shall be a public records advisory commission consisting of seventeen (17) members, one of whom shall be a member of the senate chosen by the president of the senate, one of whom shall be a member of the house of representatives chosen by the speaker of the house, six (6) of whom shall be chosen by the governor, and seven (7) of whom shall be chosen by the secretary of state. The secretary of state or designee shall serve as a permanent member of the commission. The state archivist shall serve as a permanent member of the commission. The appointments shall consist of persons who are qualified by training and experience with proven interest in historical records and public records management. In the first instance, five (5) members shall be appointed for a one year term, two (2) by the governor and three (3) by the secretary of state; five (5) members shall be appointed for a two (2) year term, one by the speaker of the house, one by the president of the senate, two (2) by the governor, and one by the secretary of state; five (5) members shall be appointed for a three (3) year term, two (2) by the governor, and three (3) by the secretary of state. The members shall hold office until July 1, in the years in which their respective terms end. Thereafter, prior to July 1, successors shall be appointed to the commission to the members of the commission whose terms expired. Vacancy of a member shall be filled by appointment by the corresponding authority for the remainder of the unexpired terms.
3. The secretary of state or designee shall serve as the chairperson of the commission. The state archivist or designee shall serve as the secretary of the commission with voting rights.
4. It shall be the duty of the public records advisory commission to provide professional and technical assistance to the public records administration program, the state archives, and the local governments of the state in all matters relating to the administration of public records. Members of the commission shall serve without pay.
5. The secretary of state may appoint an administrator of the program and shall establish his or her qualifications other than the professional competence required. The administrator shall coordinate, direct, and administer the activities and responsibilities of the program. The administrator shall serve at the pleasure of the secretary of state.
6. The program may make and enter into contracts and agreements with other agencies, organizations, associations, corporations, and individuals, or federal agencies as it may determine are necessary, expedient, or incidental to the performance of its duties or the execution of its powers under this chapter.
7. The program shall adopt rules and regulations deemed necessary to carry out its duties and responsibilities under this chapter which rules shall be binding on all agencies and persons affected thereby. The willful violation of any of the rules and regulations adopted by the program shall constitute a misdemeanor.
8. The program may accept gifts, grants, bequests, loans, and endowments for purposes not inconsistent with its responsibilities under this chapter.

History of Section. P.L. 1981, ch. 353, § 6; P.L. 1991, ch. 179, § 1; P.L. 2001, ch. 180, § 80; P.L. 2011, ch. 363, § 42.

38-3-4. Duties of administrator.

1. It shall be the duty and responsibility of the administrator to render all services required by the program herein set forth that can advantageously and effectively be centralized. The office shall perform such other functions and duties as the secretary of state may direct.
2. The administrator shall supervise, direct, and coordinate the activities of the program.
3. The administrator shall be designated “the public records administrator”.

History of Section. P.L. 1981, ch. 353, § 6; P.L. 1991, ch. 179, § 1.

38-3-5. Duties of program.

It shall be the duty and responsibility of the public records administration program to:

1. Establish and administer a public records management program, including the operation of a record center or centers, and appoint a director who will apply efficient and economical management methods relating to the creation, utilization, maintenance, retention, preservation, and disposal of records.
2. Analyze, develop, establish, and coordinate standards, procedures, and techniques of record making and record keeping.
3. Insure the maintenance and security of records which are deemed appropriate for preservation.
4. Institute and maintain a training and information program in all phases of records management to bring to the attention of all agencies approved and current practices, methods, procedures, and devices for the efficient and economical management of records.
5. Make available a centralized program of microfilming for the benefit of all agencies.
6. Make continuous surveys of record keeping operations.
7. Recommend improvements in current records management practices, including the use of space, equipment, supplies, and personnel in creating, maintaining, and servicing records.
8. 1. Establish and maintain a program, in cooperation with each agency, for the selection and protection of public records considered essential to the operation of government and to the protection of the rights and privileges of citizens.
   2. Make or to have made duplicates of essential records, or to designate existing record copies as essential records to be protected in the place and manner of safekeeping as prescribed by the program.
   3. The duplicate of any record made pursuant to this chapter shall have the same force and effect for all purposes as the original record. A transcript, exemplification, or certified copy of the duplicate shall be deemed, for all purposes, to be the original record.

History of Section. P.L. 1981, ch. 353, § 6; P.L. 1990, ch. 492, § 10.

38-3-5.1. Reproduction of public records — Destruction of original records.

If any department or agency of government, in the regular course of business or activity, has kept or recorded any memorandum, writing, state tax returns, report, application, payment, entry, print, representation, or combination thereof, or any act, transaction, occurrence, or event, and, in the regular course of business, has caused any or all of the records to be recorded, copied, or reproduced by a photographic, photostatic, microfilm, micro-card, optical disk, miniature photographic, or other process which accurately reproduces or forms a durable medium for reproducing the original, the original may be destroyed in the regular course of business, provided the process meets standards established by the public records administration, and provided all the provisions of § 38-3-6 concerning disposal of public records are fulfilled. The reproduction, when satisfactorily identified, shall be admissible in evidence as the original in any judicial or administrative proceeding whether or not the original exists or is available and an enlargement or facsimile of the reproduction shall be likewise admissible in evidence if the original is in existence and available for inspection under the direction of the court. The introduction of a reproduced record, enlargement, or facsimile into evidence shall not preclude the admission into evidence of the original. This section shall not be construed to exclude from introduction into evidence any document or copy thereof which is otherwise admissible under the Rhode Island general laws, as amended.

History of Section. P.L. 1988, ch. 577, § 1.

38-3-6. Public records custody and disposal.

1. Each agency shall prepare and submit to the program, in accordance with the rules and regulations of the program, record control schedules for all public records in the custody of the agency.
2. The offices of the attorney general and the auditor general will advise the program on the legal and fiscal values of records covered by proposed records control schedules.
3. Those records which are determined by an agency not to be needed in the transaction of current business but which, for legal or fiscal requirements, must be retained for specific time periods beyond administrative needs, shall be sent to the records center. The records will be kept in the center until time for disposition as provided in record control schedules.
4. Public records possessing permanent value as determined by approved records control schedules shall be transferred to the public records repository when no longer needed by an agency in transaction of current business.
5. Title to any record placed in the records center shall remain in the agency placing the record in the center.
6. Title to any record transferred to the public records repository, as authorized in this chapter, shall be vested in the program.
7. The program shall preserve and administer such public records as shall be transferred to its custody according to approved conservation and security practices, and to permit them to be inspected, examined, and copied at reasonable times and under supervision of the program; provided that any record placed in keeping of the program under special terms or conditions restricting their use shall be made available only in accordance with the terms and conditions.
8. Provide a public research room where, upon policies established by the program, the records in the public records repository may be studied.
9. The program may make certified copies under seal of any records transferred to it upon the application of any person, and the certificates, signed by the administrator or his or her designee, shall have the same force and effect as if made by the agency from which the records were received. The program may charge a reasonable fee for this service.
10. No public record shall be destroyed or otherwise disposed of by any agency without prior notice to the program.
11. The program shall adopt reasonable rules and regulations not inconsistent with this chapter relating to the destruction and disposal of records. The rules and regulations shall provide but not be limited to:
    1. Procedures for preparing and submitting record control schedules to the program.
    2. Procedures for the physical destruction or other disposal of records.
    3. Standards for the reproduction of records for security or with a view to the disposal of the original record.
12. The program shall:
    1. Establish safeguards against unauthorized or unlawful removal or loss of records; and
    2. Initiate appropriate action to recover records removed unlawfully or without authorization.
13. The program may prepare and publish handbooks, guides, indexes, and other literature directed toward encouraging the management, preservation, and uses of the state’s public records resource.

History of Section. P.L. 1981, ch. 353, § 6.

38-3-7. Agency responsibilities.

It shall be the duty of each agency to:

1. Cooperate with the program in complying with the provisions of this chapter.
2. Establish and maintain an active and continuous program for the economical and efficient management of public records.

History of Section. P.L. 1981, ch. 353, § 6.