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Procedure for
Access to Public Records
in the Town of Smithfield
Public Records Request Form
Employee Contracts
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:
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provide
a written estimate of the cost to research and copy
the requested records; or
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schedule
an appointment for the individual to view the
documents; or
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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:
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$1.50
per page for any recorded document or any document
filed with the probate court.
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$ .15
per page for any public records copied on 8˝ x 11”
or 8˝ x 14” paper. Copies made on larger paper may
be charged at a higher rate.
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No more
than the actual cost of providing electronic
records.
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$15.00
per hour for search and retrieval, with the first
hour free.
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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.
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