Open gov’t groups blast
Kilmartin on public records law
Calling
it “a new low” in the state’s enforcement of the Access to Public Records
Act (APRA), five open government groups blasted an opinion issued by the Attorney General’s office which
held that public bodies can charge members of the public for the time it takes
to compose a letter denying an open records request.
That
interpretation of the law was embodied in an AG advisory opinion, Clark v.
Department of Public Safety, issued yesterday. It arose in the context of a
Rhode Islander who had sought BCI 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 AG, leading to yesterday’s opinion. (The
complaint raised a number of other APRA objections, which were also rejected in
the opinion.)
