The bill amends several sections of Chapter 38-2 of the General Laws, which governs "Access to Public Records," to enhance public access while balancing individual privacy rights. Key insertions include a clearer definition of "public body" to include police departments of private educational institutions and a specification that public records encompass various forms of documentation, with exemptions for certain records such as medical and personnel records.
The bill clarifies that police body-worn camera recordings are accessible to the public, particularly in incidents involving police use of force, and mandates that these recordings be made available within thirty (30) days of a request. It also specifies that police reports of incidents that do not lead to an arrest shall not be deemed presumptively exempt from disclosure, and final reports of investigations conducted by internal affairs units shall be public records, with certain personal identifiers redacted to protect privacy.
Additionally, the bill requires public bodies to maintain written minutes of meetings, establish clear procedures for public record requests, and post these procedures prominently on their websites. It streamlines the process for public records requests, allowing submissions in various formats, including in person, by regular and electronic mail, and at the public body's discretion, by fax or online portal. Responses to requests must be provided within ten business days, with possible extensions under certain conditions.
The bill introduces provisions to address vexatious requests, allowing public bodies to petition the court for relief from fulfilling requests deemed to disrupt government operations. It increases penalties for public bodies that violate the law, raising fines for knowing violations from $2,000 to $4,000 and for reckless violations from $1,000 to $2,000. Furthermore, it emphasizes that settlement agreements involving governmental entities are public records and expands the scope of accessible records to include traffic accident data and preferred license plate information, as well as the names of individuals who obtain preferred license plates, subject to certain federal privacy laws.
Overall, the amendments aim to improve transparency and accountability in public records management while providing safeguards against disruptive requests.
Statutes affected: 6273: 39-21.1-17