ALEC - AGs Request (Rhode Island)

Dear Alex:

Kindly provide the time frame for which you are seeking these records. Please note that this Department’s time to respond to this Access to Public Records Act (“APRA”) request is tolled pending the receipt of the time frame requested in this email. Thank you, Lisa

Hi Alex,

Thank you for your prompt response narrowing the scope to five (5) years. The request remains extremely broad, such that arguably, we would have to search the computer of every employee. You indicate you could be even more exact. If you could narrow the APRA request further, this would be less onerous and, as such, less costly. See R.I. Gen. Laws Section 38-2-4 (“Hourly costs for search and retrieval shall not exceed fifteen dollars ($15.00) per hour and no costs shall be charged for the first hour of a search or retrieval.”). Please note that this Department’s time to respond to this Access to Public Records Act (“APRA”) request is tolled pending the receipt of the information requested in this email. Thank you, Lisa

Dear Alex:

Please be advised that I have confirmed with this Department’s IT section, that with our current system, there is no centralized way to search through emails. I will await your further request. Until then, the time for this Department to respond to your APRA request is tolled. Thank you, Lisa

Hi Alex,

I am interpreting “immediate staff” to mean Attorney General Kilmartin’s two (2) executive assistants. Would you please confirm that my interpretation is correct? The time to respond is tolled pending this clarification. Thank you, Lisa

VIA EMAIL ONLY
requests@muckrock.com<mailto:requests@muckrock.com>

Mr. Alex Richardson
MuckRock News
Dept MR 17790
P.O. Box 55819
Boston, Massachusetts 02205-5819

Dear Mr. Richardson:

Your Access to Public Records Act (“APRA”) Request dated May 13, 2015, has been forwarded to me for response. You seek copies of the following:

“All communications between members of [the Rhode Island Department of Attorney General] and employees or representatives of the American Legislative Exchange Council

All communications containing the keywords ‘ALEC’ or ‘American Legislative Exchange Council’

Any files or documents attached to the above communications.”

By emails dated May 19, 21, and 26, 2015, you confirmed that the search period is from January 1, 2010 through May 26, 2015. You also confirmed that this search was limited to the Attorney General himself (and his predecessor, if relevant) and his immediate staff. You confirmed that the phrase “immediate staff,” meant Attorney General Kilmartin’s two (2) executive assistants.

Pursuant to Rhode Island General Laws Section 38-2-2(4)(M), “[c]orrespondence of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities [shall not be deemed public].” As such, your request for all responsive communications involving Attorney General Kilmartin himself, if any, is denied and based upon the provision cited, no reasonable segregable portion can be provided.

Regarding your request pertaining to Attorney General Kilmartin’s executive assistants, I would estimate that search and retrieval will require four and one half (4.5) hours, with the first hour free. See R.I. Gen. Laws § 38-2-4(b). Please be advised that payment does not guarantee that the records you have requested constitute public records (in whole or in part, i.e., redacted), or that any responsive records exist, but only authorizes this Department to conduct its search and retrieval to determine whether any responsive records exist, and if so, whether the responsive documents are public records, either in whole or in part. We also cannot anticipate at this point how make pages will be copied. Accordingly, please forward a check or money order made payable to the “State of Rhode Island” in the amount of $52.50 (4.5 hours at $15.00 per hour, with the first hour free of charge).

Should actual search, retrieval, and copying fees exceed pre-payment, this Department will advise you to seek authorization before continuing. Should your pre-payment exceed actual search, retrieval, and copying, you will, of course, be reimbursed. Due to the number of pending APRA requests and the difficulty in searching for and retrieving or copying the requested records, it is necessary to extend the time to respond an additional twenty (20) business days. See R.I. Gen. Laws § 38-2-3(e). Notwithstanding this extension, the time period for this Department to respond to your request is also tolled as of the date of this letter pending pre-payment and authorization.

This decision can be appealed pursuant to R.I. Gen. Laws § 38-2-8.

Very truly yours,

Lisa A. Pinsonneault
Special Assistant Attorney General
Department of Attorney General
150 South Main Street
Providence, RI 02903
Tel.: (401) 274-4400, Ext. 2297
Fax: (401) 222-3016

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