From a NEFAC press release Calling it “a new low” in Rhode Island’s enforcement of the Access to Public Records Act (APRA), the New England First Amendment Coalition joined several fellow open government groups today to blast an opinion recently issued by the attorney general’s office.
The advisory opinion, Clark v. Dept. of Public Safety,held that public bodies can charge members of the public for the time it takes to compose a letter denying an open records request. It arose in the context of a Rhode Islander who had sought Bureau of Criminal Identification and personnel records for an individual in the State Fire Marshal’s office. When the requester was denied access to the records on the grounds that they were confidential by law, he was charged a $15 fee. He then filed an appeal with the attorney general, leading to yesterday’s opinion. (The complaint raised a number of other APRA objections, which were also rejected in the opinion.)
APRA allows public bodies to charge for the “search and retrieval” of public records. The opinion appears to argue that because the time spent redacting records has been held to constitute “search and retrieval” time, then the time spent composing a letter to deny access can be charged as well. The portion of the opinion addressing this issue is on pages 6 and 7.
“The legislative intent of the statute is thwarted by the attorney general’s new interpretation which in effect replaces the clear meaning of ‘search and retrieval’ with the opposite meaning of ‘search and denial,’” said Rosanna Cavanagh, executive director of NEFAC. “If this interpretation takes hold it would make Rhode Island the least access friendly state in New England in this regard.”
NEFAC joined the ACLU of Rhode Island, Common Cause Rhode Island, ACCESS/RI, and the League of Women Voters of Rhode Island in denouncing the decision.
“Allowing agencies to charge people for the privilege of having their request for records denied makes no sense, has no basis in the statute, and represents a new low in interpreting the open records law,” said Steven Brown, executive director of the ACLU of Rhode Island. “It adds insult to injury, and is like sending a ‘Dear John’ letter postage due.”
Other open government leaders also shared their disappointment in the opinion:
- “By upholding the DPS’s decision to charge a citizen the costs associated with imposing a letter denying their request, the attorney general’s office has provided a blueprint for government officials to discourage public records requests.” - John Marion, executive director of Common Cause Rhode Island
- “Too many public bodies already treat the open records statute like a series of recommended guidelines instead of a law that must be followed. This opinion only exacerbates the many problems the public already has gaining access to information.” - Jane Koster, president of the League of Women Voters of Rhode Island
- “We call on the attorney general to reverse this position in future decisions. If the office does not, ACCESS/RI stands ready to seek legislation that would establish into law that the public cannot be charged in any way when records are denied.” - Linda Levin, chairwoman of ACCESS/RI
NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.