Background and Arguments

The Complainant alleges that the Town violated the APRA by failing to respond to her APRA request made verbally on June 10, 2022. The Complainant provided an audio recording of her verbal request as part of the record. Based upon this Office’s review of the audio recording, the Complainant contacted the Town Clerk’s Office saying that she “would like to make a public records request over the phone” and that she believes “state law says that you can make it over the phone.” Complainant asked the person who answered the telephone if this person was the designated public records officer and the person identified that she was not and she wasn’t sure who the designated public records officer was, but that she would try to transfer the Complainant to Lucas Murray as the Director of Administrative Services. At this point, the Clerk’s Office staff member appears to be under the impression that the Complainant sought email addresses of senior center employees and the staff member stated that she spoke to Mr. Murray and “he has no problem giving that to you, but he has to get it together.” The Complainant provided her contact information and upon the staff member’s confirmation of the information sought, the Complainant corrected the staff employee and “dictated” the specific language of her request as “communications of employees at the South Kingstown Senior Center for the months of May and June 2022.” The Clerk’s Office staff member said she would relay the message to “the Town Clerk and to Luke.”

Legal counsel for the Town, Amy H. Goins, Esquire, submitted a substantive response on behalf of the Town, which included affidavits from Town Probate Staff Clerk, Ms. Keri Steere Bugbee, and Town Director of Administrative Services, Mr. Lucas Murray. The Town states that Ms. Bugbee was the Clerk’s Office employee Complainant spoke with on June 10 and is the Probate Staff Clerk. Ms. Bugbee attests that she is “not designated by the Town as an employee responsible for responding to Access to Public Records Act (APRA) requests and [she has] not received training in responding to such requests.” After completing the call with the Complainant, Ms. Bugbee circulated an email to Mr. Murray, the Deputy Town Clerk and the Town Clerk writing, in pertinent part:

“I took a phone call this afternoon for public information. She is looking for the following: communication of public employees at the Senior Center for the months of May & June of 2022.”

Mr. Murray attests that “it was [his] impression, after speaking with Ms. Bugbee, that the caller was informally seeking information about what records would be available for release. *** [He] was not aware that the caller had made a formal APRA request in accordance with the Town’s written procedures that would trigger statutory response deadlines. *** There was no statement or documentation attached to the e-mail [from Ms. Bugbee] that would indicate that the request was being filed under APRA in accordance with written Town procedures.”

The Town further maintains that the Complainant failed to follow the Town’s established APRA procedures - available on the Town website – when submitting her request. The Town argues that it did not have a duty to respond to the Complainant’s APRA request, which was not submitted in accordance with their procedures. The Town provided copies of its APRA procedures as written at the time the Complainant contends she submitted her request. Those procedures state the following, in pertinent part:

“Any person who wishes to request a public record should complete a ‘Request for Records Under the Access to Public Records Act’ form, which is available at the Police Department for police records, the Town Clerk’s office for all Town Council related requests, or the Town Manager’s office for all other requests. Completion of this form is not mandatory but is used to facilitate the request. In the event a requestor does not wish to complete the form, a verbal request may be made of the custodian of records.” (Emphases in original).

Accordingly, the Town maintains that it did not violate the APRA by failing to respond to the Complainant’s APRA request, which was not submitted in accordance with the Town’s APRA procedures, which requires requests for records – aside from police and council records – to be made to the Town Manager’s Office or the custodian of records.

The Complainant did not submit a rebuttal.

Relevant Law and Findings

When we examine an APRA complaint, our authority is to determine whether a violation of the APRA has occurred.  See R.I. Gen. Laws § 38-2-8.  In doing so, we must begin with the plain language of the APRA and relevant caselaw interpreting this statute.

The APRA states that, upon receipt of a records request, a public body is obligated to respond in some capacity within ten (10) business days, either by producing responsive documents, denying the request with reason(s), or extending the time period necessary to comply. See R.I. Gen. Laws § 38-2-3. Also, the “[f]ailure 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.” R.I. Gen. Laws § 38-2-7(b).

Conclusion

Although this Office has found no violation, nothing within the APRA prohibits an individual or entity from instituting an action for injunctive or declaratory relief in Superior Court as provided in the APRA.  See R.I. Gen. Laws § 38-2-8(b).  Please be advised that we are closing this file as of the date of this letter.

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

Sincerely,

PETER F. NERONHA

ATTORNEY GENERAL

By: /s/ Kayla E. O’Rourke

Kayla E. O’Rourke, Esquire

/s/ Michael W. Field

Michael W. Field, Assistant Attorney General