§ 38-2-2 - Definitions.
SECTION 38-2-2
§ 38-2-2 Definitions. – As used in this chapter:
(1) "Agency" or "public body" shall mean any executive,legislative, judicial, regulatory, or administrative body of the state, or anypolitical 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 localgovernment which 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 anypublic agency.
(2) "Chief administrative officer" means the highestauthority of the public body as defined in subsection (a) of this section.
(3) "Public business" means any matter over which the publicbody has supervision, control, jurisdiction, or advisory power.
(4) "Public record" or "public records" shall mean alldocuments, papers, letters, maps, books, tapes, photographs, films, soundrecordings, magnetic or other tapes, electronic data processing records,computer stored data (including electronic mail messages, except specificallyfor any electronic mail messages of or to elected officials with or relating tothose they represent and correspondence of or to elected officials in theirofficial capacities) or other material regardless of physical form orcharacteristics made or received pursuant to law or ordinance or in connectionwith the transaction of official business by any agency. For the purposes ofthis chapter, the following records shall not be deemed public:
(A) All records which are identifiable to an individualapplicant for benefits, client, patient, student, or employee, including, butnot limited to, personnel, medical treatment, welfare, employment security,pupil records, all records relating to a client/attorney relationship and to adoctor/patient relationship, and all personal or medical information relatingto an individual in any files, including information relating to medical orpsychological facts, personal finances, welfare, employment security, studentperformance, or information in personnel files maintained to hire, evaluate,promote, or discipline any employee of a public body; provided, however, withrespect to employees, the name, gross salary, salary range, total cost of paidfringe benefits, gross amount received in overtime, and other remuneration inaddition to salary, job title, job description, dates of employment andpositions held with the state or municipality, work location, businesstelephone number, the city or town of residence, and date of termination shallbe public.
(II) Notwithstanding the provisions of this section, or anyother provision of the general laws to the contrary, the pension records of allpersons who are either current or retired members of the retirement systemsestablished by the general laws as well as all persons who become members ofthose retirement systems after June 17, 1991 shall be open for publicinspection. "Pension records" as used in this section shall include all recordscontaining information concerning pension and retirement benefits of currentand retired members of the retirement systems established in title 8, title 36,title 42, and title 45 and future members of said systems, including allrecords concerning retirement credits purchased and the ability of any memberof the retirement system to purchase retirement credits, but excluding allinformation regarding the medical condition of any person and all informationidentifying the member's designated beneficiary or beneficiaries.
(B) Trade secrets and commercial or financial informationobtained from a person, firm, or corporation which is of a privileged orconfidential nature.
(C) Child custody and adoption records, records ofillegitimate births, and records of juvenile proceedings before the familycourt.
(D) All records maintained by law enforcement agencies forcriminal law enforcement and all records relating to the detection andinvestigation of crime, including those maintained on any individual orcompiled in the course of a criminal investigation by any law enforcementagency. Provided, however, such records shall not be deemed public only to theextent that the disclosure of the records or information (a) could reasonablybe expected to interfere with investigations of criminal activity or withenforcement proceedings, (b) would deprive a person of a right to a fair trialor an impartial adjudication, (c) could reasonably be expected to constitute anunwarranted invasion of personal privacy, (d) could reasonably be expected todisclose the identity of a confidential source, including a state, local, orforeign agency or authority, or any private institution which furnishedinformation on a confidential basis, or the information furnished by aconfidential source, (e) would disclose techniques and procedures for lawenforcement investigations or prosecutions, or would disclose guidelines forlaw enforcement investigations or prosecutions or (f) could reasonably beexpected to endanger the life or physical safety of any individual. Recordsrelating to management and direction of a law enforcement agency and records orreports reflecting the initial arrest of an adult and the charge or chargesbrought against an adult shall be public.
(E) Any records which would not be available by law or ruleof court to an opposing party in litigation.
(F) Scientific and technological secrets and the securityplans of military and law enforcement agencies, the disclosure of which wouldendanger the public welfare and security.
(G) Any records which disclose the identity of thecontributor of a bona fide and lawful charitable contribution to the publicbody whenever public anonymity has been requested of the public body withrespect to the contribution by the contributor.
(H) Reports and statements of strategy or negotiationinvolving labor negotiations or collective bargaining.
(I) Reports and statements of strategy or negotiation withrespect to the investment or borrowing of public funds, until such time asthose transactions are entered into.
(J) Any minutes of a meeting of a public body which are notrequired to be disclosed pursuant to chapter 46 of title 42.
(K) Preliminary drafts, notes, impressions, memoranda,working papers, and work products; provided, however, any documents submittedat a public meeting of a public body shall be deemed public.
(L) Test questions, scoring keys, and other examination dataused to administer a licensing examination, examination for employment orpromotion, or academic examinations; provided, however, that a person shallhave the right to review the results of his or her examination.
(M) Correspondence of or to elected officials with orrelating to those they represent and correspondence of or to elected officialsin their official capacities.
(N) The contents of real estate appraisals, engineering, orfeasibility estimates and evaluations made for or by an agency relative to theacquisition of property or to prospective public supply and constructioncontracts, until such time as all of the property has been acquired or allproceedings or transactions have been terminated or abandoned; provided the lawof eminent domain shall not be affected by this provision.
(O) All tax returns.
(P) All investigatory records of public bodies, with theexception of law enforcement agencies, pertaining to possible violations ofstatute, rule, or regulation other than records of final actions taken providedthat all records prior to formal notification of violations or noncomplianceshall not be deemed to be public.
(Q) Records of individual test scores on professionalcertification and licensing examinations; provided, however, that a personshall have the right to review the results of his or her examination.
(R) Requests for advisory opinions until such time as thepublic body issues its opinion.
(S) Records, reports, opinions, information, and statementsrequired to be kept confidential by federal law or regulation or state law, orrule of court.
(T) Judicial bodies are included in the definition only inrespect to their administrative function provided that records kept pursuant tothe provisions of chapter 16 of title 8 are exempt from the operation of thischapter.
(U) Library records which by themselves or when examined withother public records, would reveal the identity of the library user requesting,checking out, or using any library materials.
(V) Printouts from TELE – TEXT devices used by peoplewho are deaf or hard of hearing or speech impaired.
(W) All records received by the insurance division of thedepartment of business regulation from other states, either directly or throughthe National Association of Insurance Commissioners, if those records areaccorded confidential treatment in that state. Nothing contained in this titleor any other provision of law shall prevent or be construed as prohibiting thecommissioner of insurance from disclosing otherwise confidential information tothe insurance department of this or any other state or country, at any time, solong as the agency or office receiving the records agrees in writing to hold itconfidential in a manner consistent with the laws of this state.
(X) Credit card account numbers in the possession of state orlocal government are confidential and shall not be deemed public records.
(Y) Any documentary material, answers to writteninterrogatories, or oral testimony provided under any subpoena issued underRhode Island general law § 9-1.1-6.
(ii) However, any reasonably segregable portion of a publicrecord excluded by this section shall be available for public inspections afterthe deletion of the information which is the basis of the exclusion, ifdisclosure of the segregable portion does not violate the intent of thissection.
(5) "Supervisor of the regulatory body" means the chief orhead of a section having enforcement responsibility for a particular statute orset of rules and regulations within a regulatory agency.
(6) "Prevailing plaintiff" means and shall include thosepersons and entities deemed prevailing parties pursuant to 42 U.S.C. §1988.