AG: Compass School Will Pay Fine

KINGSTON, RI–A flap over a public records request has ended in a $1,000 fine against the school that failed to produce the information promptly.

According to Atty. Gen. Peter F. Kilmartin, his office and The Compass School have agreed to a settlement and the fine "for violating the state’s Access to Public Records Act (APRA)."

The story began on Jan. 13, 2015, when Joe Smith made an official request to the Compass School "seeking six categories of documents," Kilmartin's office said.

The school acknowledged it had received the request and told Smith “the information is being gathered.” Then on Jan. 22 and again on Feb. 5, the school provided some of the papers but not all of them and "failed to comply with the statute’s deadlines to provide the requested documents."

Kilmartin's office in November went to Superior Court and filed a civil lawsuit "alleging the school knowingly and willfully or recklessly violated APRA when it failed to respond to an APRA request within the timeframe dictated by the statute."

Here is the law:

"Under the APRA, a public body has 10 business days to respond to a request for documents. R.I. Gen. Laws § 38-2-7. If the public body denies the request, a written response detailing the specific reasons for the denial shall be sent within those 10 business days to the person or entity making the request. R.I. Gen. Laws § 38-2-7(a). If no response is sent within 10 business days, the lack of response will be deemed a denial. R.I. Gen. Laws § 38-2-7(b). If, for good cause, the public body cannot comply with a records request within 10 business days, then the public body may extend the time period an additional 20 business days, for a total of 30 business days. R.I. Gen. Laws §§ 38-2-7(a) and 38-2-3(e)."

Smith complained to the Attorney General and ultimately did receive all the documents but "well after the 30 business day extension."