This Department received a request for an advisory opinion by the AIPC and two APRA and OMA complaints filed against the AIPC all of which raised the same threshold questions: whether the AIPC was a "public body" under the OMA or the APRA. With respect to the OMA analysis, based on Solas v....
This Department received a request for an advisory opinion by the AIPC and two APRA and OMA complaints filed against the AIPC all of which raised the same threshold questions: whether the AIPC was a "public body" under the OMA or the APRA. With respect to the OMA analysis, based on Solas v....
This Department received a request for an advisory opinion by the AIPC and two APRA and OMA complaints filed against the AIPC all of which raised the same threshold questions: whether the AIPC was a "public body" under the OMA or the APRA. With respect to the OMA analysis, based on Solas v....
The Complainant alleged that the City violated the APRA when it withheld requested police incident reports regarding a specific juvenile individual. We have consistently held that where an arrest has not taken place, there is a presumption that incident reports are exempt from public disclosure,...
The Complainant alleged the City of Central Falls ("City") violated the OMA when the notice for its May 15, 2017 meeting was not posted within a minimum of forty-eight (48) hours in advance of the meeting. The Complainant also alleged the City voted on the acceptance of all Budget Ordinances for...
The Complainant alleged the Fire District untimely filed some of its official and unofficial minutes on the Secretary of State's website. The OMA provides that "[a]ny citizen or entity of the state who is aggrieved as a result of violations of the provisions of this chapter may file a complaint...
Complainant alleged that the DOA and the OHHS violated the APRA when they failed to timely respond to or specifically deny her requests/correspondences. After reviewing the voluminous evidence in this matter, we found that the allegations concerned three interrelated but legally distinct...
Complainant alleged that the Town violated the APRA when it failed to produce certain documents responsive to his request and failed to explain the denial. This Department has held on numerous occasions that the failure of a public body to produce records that do not exist does not violate the APRA.
The North Smithfield Town Council did not violate the OMA when it convened into executive session for litigation purposes pursuant to R.I. Gen. Laws 42-46-5(a)(2). A review of the executive session minutes determined that the subject-matter was appropriate for executive session. Also, the Town...
The Complainant alleged that the School Committee violated the OMA when it deliberated with its attorney outside of open session. We previously addressed a nearly identical question in In re: Rhode Island Ethics Commission, ADV OM 00-03. There, we found that public body "members who merely address...
