Rhode Island HB 8341: AN ACT RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS (Excludes evaluations or other personnel records of public school employees from being deemed public records.)

Bill Text

2018 -- H 8341 
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LC005946 
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S T A T E     O F     R H O D E     I S L A N D 
IN GENERAL ASSEMBLY 
JANUARY SESSION, A.D. 2018 
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A N   A C T 
RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS 
Introduced By: Representatives Amore, and Ranglin-Vassell 
Date Introduced: June 20, 2018 
Referred To: House Judiciary 
 
 
It is enacted by the General Assembly as follows: 
SECTION 1.  Section  38-2-2  of  the  General  Laws  in  Chapter  38-2  entitled  "Access  to 1 
Public Records" is hereby amended to read as follows: 2 
38-2-2. Definitions. 3 
As used in this chapter: 4 
(1)  "Agency"  or  "public  body"  means  any  executive,  legislative,  judicial,  regulatory,  or 5 
administrative body of the state, or any political subdivision thereof; including, but not limited to: 6 
any department, division, agency, commission, board, office, bureau, authority; any school, fire, 7 
or  water  district,  or  other  agency  of  Rhode  Island  state  or  local  government  that  exercises 8 
governmental functions; any authority as defined in § 42-35-1(b); or any other public  or private 9 
agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of 10 
any public agency. 11 
(2) "Chief administrative officer" means the highest authority of the public body. 12 
(3)  "Public  business"  means  any  matter  over  which  the  public  body  has  supervision, 13 
control, jurisdiction, or advisory power. 14 
(4)  "Public  record"  or  "public  records"  shall  mean  all  documents,  papers,  letters,  maps, 15 
books,  tapes,  photographs,  films,  sound  recordings,  magnetic  or  other  tapes,  electronic  data 16 
processing records, computer stored data (including electronic mail messages, except specifically 17 
for any electronic mail messages of or to elected officials with or relating to those they represent 18 
and  correspondence  of  or  to  elected  officials  in  their  official  capacities),  or  other  material 19 

 
 
 
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regardless of physical form or characteristics made or received pursuant to law or ordinance or in 1 
connection  with  the  transaction  of  official  business  by any  agency.  For  the  purposes  of  this 2 
chapter, the following records shall not be deemed public: 3 
(A)  (I)  (a)  All  records  relating  to  a  client/attorney  relationship  and  to  a  doctor/patient 4 
relationship, including all medical information relating to an individual in any files. 5 
(b)  Personnel  and  other  personal  individually  identifiable  records  otherwise  deemed 6 
confidential  by  federal  or  state  law  or  regulation,  or  the  disclosure  of  which  would  constitute  a 7 
clearly  unwarranted  invasion  of  personal  privacy  pursuant  to  5  U.S.C.  §  552  et  seq.;  provided, 8 
however, with respect to employees, and employees of contractors and subcontractors working on 9 
public  works  projects  that  are  required  to  be  listed  as  certified  payrolls,  the  name,  gross  salary, 10 
salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other 11 
remuneration  in  addition  to  salary,  job  title,  job  description,  dates  of  employment  and  positions 12 
held   with   the   state,   municipality,   employment   contract,   or   public   works   contractor   or 13 
subcontractor on public works projects work location, and/or project, business telephone number, 14 
the  city  or  town  of  residence,  and  date  of  termination  shall  be  public.  For  the  purposes  of  this 15 
section  "remuneration"  shall  include  any  payments  received  by  an  employee  as  a  result  of 16 
termination,  or  otherwise  leaving  employment,  including,  but  not  limited  to,  payments  for 17 
accrued  sick  and/or  vacation  time,  severance  pay,  or  compensation  paid  pursuant  to  a  contract 18 
buy-out provision. 19 
(II) Notwithstanding the provisions of this section, or any other provision of the general 20 
laws to the contrary, the pension records of all persons who are either current or retired members 21 
of any public retirement systems, as well as all persons who become members of those retirement 22 
systems after June 17, 1991, shall be open for public inspection. "Pension records" as used in this 23 
section,  shall  include  all  records  containing  information  concerning  pension  and  retirement 24 
benefits  of  current  and  retired  members  of  the  retirement  systems  and  future  members  of  said 25 
systems,  including  all  records  concerning  retirement  credits  purchased  and  the  ability  of  any 26 
member  of  the  retirement  system  to  purchase  retirement  credits,  but  excluding  all  information 27 
regarding  the  medical  condition  of  any  person  and  all  information  identifying  the  member's 28 
designated  beneficiary  or  beneficiaries  unless  and  until  the  member's  designated  bene