Procedure for Access to Public Records
in the Town of Smithfield

Public records request form.

1. It is the intent of this procedure to comply with the Rhode Island Access to Public Records Act (APRA), which recognizes the public’s right to access public records and the individual’s right to dignity and privacy.

2. This policy shall in no way effect the records that are prepared for or readily available to the public, i.e. land evidence records, assessor’s maps, resolutions, etc.

3. All requests for public records access other than those that are prepared for or readily available to the public shall be made through the office of the town clerk.

4. All individuals requesting access to town records that are not readily available shall first complete a public records request form which is available in the town clerk’s office or on-line on the town clerk’s page of the town website: smithfieldri.com*.  Public records request form.

5. All requests must be specific in nature.

6. Within ten (10) business days of the request and after consultation with the appropriate department head, the town clerk’s office will:

1. provide a written estimate of the cost to research and copy the requested records;or

2. schedule an appointment for the individual to view the documents; or

3. provide a written denial of the right to inspect and/or copy the records, if they are determined to be exempt from public disclosure.

7. Upon receipt of the estimate, if the individual indicates that he/she wants copies, etc. the clerk will schedule a time during usual business hours to pay for and retrieve the records.

8. A deposit may be requested at the time of the request. Any underpayment or overpayment will be reconciled when the records are picked up. Final payment must be made before the records are released.

9. The following fees apply to public records:

1. $1.50 per page for any recorded document or any document filed with the probate court.

2. $ .15 per page for any public records copied on 8½ x 11” or 8½ x 14” paper. Copies made on larger paper may be charged at a higher rate.

3. No more than the actual cost of providing electronic records.

4. $15.00 per hour for search and retrieval, with the first hour free.

5. Or as defined by ordinance.

10. An individual may inspect no more than two files at one time and must do so within an area of the town building specified by the town clerk. Inspection of records may be overseen by a town employee.

11. The town does not warrant that data supplied on recording media will be usable by any particular hardware or software configuration; it is not the town’s responsibility to determine the suitability and compatibility of this information and its format.

12. In accordance with the APRA, the period for denial of the right to inspect and/or copy records may be extended for an additional twenty (20) business days for good cause; the extension must be made in writing within the original 10 days.

13. If a requested public record is not available at the time a request is made because the record is either in active use or in storage, the town clerk shall inform the requesting individual and schedule an appointment for the individual to inspect and/or obtain copies.

14. The regular business hours for inspection/retrieval of records are: Monday – Friday 8:30 a.m. – 4:30 p.m.

15. All written requests and responses shall be kept on file in the office of the town clerk.

16. Individuals who have been denied access to public records may file a review petition with the town manager. If the town manager determines that the record is not subject to public disclosure, the person may file a complaint with the Department of the Attorney General or with the Rhode Island Superior Court.

* The linked Request for Public Records form can be printed out and submitted to the Town Clerk's office, 64 Farnum Pike, Smithfield, RI 02917. The form is also available at the Clerk's office.
 

Public records request form.