FOSTER PUBLIC LIBRARY
POLICIES AND PROCEDURES FOR THE REQUEST OF RECORDS
PURSUANT TO RIGL § 38-2 ET SEQ.
The public’s right to access to public records and the individual’s right to dignity and privacy are both recognized to be principles of the utmost importance in a free society. The purpose of these policies is to facilitate public access to public records. It is also the intent of The Libraries of Foster to protect from disclosure information about particular individuals maintained in the files of public bodies when disclosure would constitute an unwarranted invasion of personal privacy.
The request to inspect or copy records of public bodies is governed by the provisions of the Rhode Island General Laws 38-2-1 et seq., entitled “Access to Public Records” Act (“APRA”). There are several pertinent and applicable sections of the APRA that citizens should be aware of: RIGL §§ 38-2-2 (“Definitions”), 38-2-3 (“Procedures for access”), 38-2-4 (“Cost”) and 38-2-7 (“Denial of access”). For further reference, the APRA is contained in Volume 6A of the General Laws of Rhode Island and is available for review at public libraries or online at: https://webserver.rilegislature.gov/Statutes/TITLE38/38-2/INDEX.htm
It is the policy of The Libraries of Foster that Jayne Lear shall be the designated Public Records Officer for requests made to The Libraries of Foster. All requests pursuant to the APRA shall be made to Jayne Lear on the Public Records Request Form, which shall be available online at the The Libraries of Foster’s website fosterlibraries.org or at The Libraries of Foster Offices, 184 Howard Hill Road, Foster, RI 0225 between the hours of 10:00 am – 5:00 pm Tuesday – Friday. If the request is readily identifiable as a public records request, the Jayne Lear shall not require that the requestor use a Public Records Request Form. Upon receipt of an APRA request, Jayne Lear shall document the receipt of said request (i.e. date-stamped receipt), maintaining the original request in a file. A copy shall be given to the requestor, and a copy shall be scanned and communicated to the attention of the person with the most knowledge to answer said request. If the information is readily available, Jayne Lear shall provide the records and note how the request was handled on the Public Records Request Form, whether or not the requestor has made a request using the form.
At the option of the requestor, Jayne Lear shall provide copies of public records
electronically, by facsimile, or by email, unless doing so would be unduly burdensome due to the volume of records requested or the costs that would be incurred. The requestor shall be responsible for the actual cost of delivery, if any.
If the requested information is not readily available to Jayne Lear, then Jayne Lear
shall direct the request to the person with the most knowledge to answer said request. If it is determined that responding to the request will require more than two (2) hours of retrieval time, or that the amount of documents requested is voluminous, Jayne Lear shall notify the requestor and provide estimated charges for retrieval time and copying costs (not to exceed the statutory limit of $.15 per page and $15.00 per hour, with no charge for the first hour). If the cost of production of the information is estimated to exceed ten dollars ($10.00), the Jayne Lear shall request that payment be due at the time the request is made, or before the information is compiled, so as to reduce unnecessary administrative expenses associated with gathering documents and information that is requested but not picked up.
Jayne Lear shall contact the requestor to inform him/her that the request is ready; all
necessary fees shall be collected by and paid to Jayne Lear. Jayne Lear shall maintain a
log of all requests, responses, and costs.
As set forth in the APRA, [RIGL § 38-2-3 (c)], a written request for public information
need not be submitted for records available pursuant to RIGL § 42-35-2 or for those documents that are prepared for or readily available to the public. Such records that are maintained by the Libraries of Foster are available for inspection and may be reviewed at The Libraries of Foster Offices, 184 Howard Hill Road, Foster, RI 02825 between the hours of 8:30 am – 4:00 pm Monday – Friday. If you have any questions about the availability of these records, you should contact Jayne Lear to ascertain if the requested documents are maintained by the Jayne Lear. For a copy of documents that are readily available to the public, there is no charge.
For those records that have not been prepared for or are not readily available to the
public, the requestor should submit a written request as set forth above. If there is a question as to whether the requested records are indeed classified as “public records”, or if the request seeks information which is confidential, protected, or subject to privilege, Jayne Lear shall obtain an opinion and recommendation from legal counsel. Jayne Lear shall notify the requestor in writing as to the determination of whether the requested records may properly be disclosed after the requested payment for any copying or retrieval charge(s) has been received by Jayne Lear, copies of records that may be properly released shall be sent to requestor according to the delivery preference. US Mail, postage pre-paid shall be the delivery option if no alternate request is made.
Promulgated/Revised, July 11, 2025.