Yes We Can! (Access Public Records)

If you ever need to review records kept by a governmental agency, you should know that there are laws that protect your right to do so.  In fact, laws have been enacted in all 50 states and by the federal government (the federal law is commonly known as the "Freedom of Information Act") to protect citizens' rights to access public records. 

In Rhode Island, the Access to Open Records Act (APRA) provides a mechanism for requesting records from state and municipal agencies and is codified at R.I. Gen. Laws Sec. 38-2-1 et seq.  Author Michael Field has written a very thorough article in the Rhode Island Bar Journal discussing the history behind APRA and its practical effects.  I have attached the article to this blog. 

Much to the frustration of my clients (and sometimes me), there are some state and town employees who may not understand APRA.  The failure of a state or town official to abide by APRA can have serious legal consequences.  For example, just two weeks ago, the Town of Barrington was fined $1,000 for violating APRA.  See article here.  There, the town had impermissibly delayed in providing one of its residents with information from its tax assessor. 

Mr. Field's article sets forth the procedure for requesting records under APRA.  If your request involves records kept by a federal agency, then you will want to utilize the Freedom of Information Act.  For more information about FOIA and how to generate such a request, click here.