Town of Middletown

Welcome to the Frequently Asked Questions page for Public Records Requests from the Town of Middletown, Rhode Island.


Our goal is to be as open and transparent with our records and everything we do here, whether it's how your tax dollars are spent, town policies and other items.


With that in mind, we're looking to streamline the public records request process by now offering NextRequest powered by CivicPlus.


1) What is a public record? -- Simply , a public record refers to information that has been recorded and/or filed by a public agency. They are the product of the Freedom of Information Act (FOIA) passed in the United States in 1966 to provide transparency to the American people with anything touched by a government worker or tax dollar at any level of government.


2) Generally, what's included in public records? -- The number of items that can fall under the definition of a public record is far reaching. And like everything else, the definition of what's considered a public record continues to grow and change. This is particularly true as new technologies are adopted by governments. Below is a list of some items that can be considered public records.

  • After-action reports
  • Agendas
  • Algorithms
  • Audio
  • Calendars
  • Commissioned artwork
  • Construction plans
  • Contractor agreements
  • Contracts
  • Court records
  • Emails
  • Grant applications
  • Inspection reports
  • Investigatory files
  • Letters
  • Maps
  • Meeting minutes
  • Memorandums
  • Metadata
  • Military Records
  • Notes
  • Permits
  • Photographs
  • Receipts
  • Recorded Tapes
  • Reports
  • Social Media
  • Surveillance Footage
  • Text Message
  • Video

3) That's a long list of items that might be available. How do I go about asking for any one of them? -- Good question. Middletown works hard to provide all the information, data and documents to residents, businesspeople, anyone really, before a formal Public Records Request is required.


4) Really? How so? -- There are any number of ways to get information from the Town of Middletown. Visiting our website MiddletownRI.com works for many people, any time, day or night, 365 days a year. Stopping by Town Hall during normal business hours, calling the department head or dropping a message through our https://mdl.town/Department page can usually get the information you're looking for. Remember, the Town of Middletown is here to help.


5) That all sounds great, but I'm going to submit a formal Public Records Request. Why should I use the NextRequest portal? -- Another good question. First, NextRequest is simple and easy to use. Just click the "Make Request" button by the top of the page and enter in all the relevant information.


6) What kind of information does the NextRequest online form include? -- The form asks respondents to include a description of their request as well as an email address, name, phone number and address. All told, the process should take a couple minutes to complete -- at most.


7) Wait, I thought I didn't have to identify myself when making a Public Records Request. What gives? -- You're right. You don't need to. The way NextRequest works, you can make a Public Records Request without providing any information about yourself.


8) Are there drawbacks to using NextRequest anonymously? -- Like they say, everything comes with a price. Contact information allows NextRequest to email updates automatically and easy access to any documents accompanying the request. Without this data, NextRequest cannot provide such information.


9) How long does Middletown have to reply to a formal Public Records Request? -- Under state law, the town has 10 business days to respond. Under some circumstances, the town can extend that timeline by up to 20 days for "good cause" according to state law.


10) When does the clock start ticking on the 10 days? -- State law specifies the 10-day window on a Public Records Request doesn't begin until the day after the request is submitted. This means if a Public Records Request comes into the Town Clerk's office on a Monday at 9:30 am, the 10-day timeframe starts Tuesday.


11) Why should I use NextRequest instead of making a Public Records Request in person, by phone or email? -- In two words, ease and accountability. By entering your request into NextRequest, there's an official record of it from Day 1. Paperwork gets lost and messages are sometimes forgotten, but with NextRequest, those issues are a thing of the past. Additionally, you can track the request as it works its way through the system and get updates emailed throughout the process.


12) Are there exceptions to the Public Records Request rules that mean I might not get what I'm looking for? -- In a word, yes, but we'll explain. While most documents used and produced by public officials are available, there are more than two-dozen exceptions under the law. Most are designed to protect individual privacy. For example, investigatory records of public bodies are largely exempt.


13) Can you be more specific here? -- Sure. Under RI General Law 38-2-2, the following records "shall not be deemed public:"

  •  All records relating to a client/attorney relationship and to a doctor/patient relationship, including all medical information relating to an individual in any files.
  • Trade secrets and commercial or financial information obtained from a person, firm, or corporation that is of a privileged or confidential nature.
  • Child custody and adoption records, records of illegitimate births, and records of juvenile proceedings before the family court.
  • All records maintained by law enforcement agencies for criminal law enforcement and all records relating to the detection and investigation of crime, including those maintained on any individual or compiled in the course of a criminal investigation by any law enforcement agency. Provided, however, such records shall not be deemed public only to the extent that the disclosure of the records or information (a) Could reasonably be expected to interfere with investigations of criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a confidential source, including a state, local, or foreign agency or authority, or any private institution that furnished information on a confidential basis, or the information furnished by a confidential source; (e) Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or (f) Could reasonably be expected to endanger the life or physical safety of any individual. Records relating to management and direction of a law enforcement agency and records or reports reflecting the initial arrest of an adult and the charge or charges brought against an adult shall be public.
  • Any records that would not be available by law or rule of court to an opposing party in litigation.
  • Scientific and technological secrets and the security plans of military and law enforcement agencies, the disclosure of which would endanger the public welfare and security.
  • Any records that disclose the identity of the contributor of a bona fide and lawful charitable contribution to the public body whenever public anonymity has been requested of the public body with respect to the contribution by the contributor.
  • Reports and statements of strategy or negotiation involving labor negotiations or collective bargaining.
  • Reports and statements of strategy or negotiation with respect to the investment or borrowing of public funds, until such time as those transactions are entered into.
  • Any minutes of a meeting of a public body that are not required to be disclosed pursuant to chapter 46 of title 42.
  • Preliminary drafts, notes, impressions, memoranda, working papers, and work products, including those involving research at state institutions of higher education on commercial, scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided, however, any documents submitted at a public meeting of a public body shall be deemed public.
  • Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment or promotion, or academic examinations; provided, however, that a person shall have the right to review the results of his or her examination.
  • Correspondence of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities.
  • The contents of real estate appraisals, engineering, or feasibility estimates and evaluations made for or by an agency relative to the acquisition of property or to prospective public supply and construction contracts, until such time as all of the property has been acquired or all proceedings or transactions have been terminated or abandoned; provided the law of eminent domain shall not be affected by this provision.
  • All tax returns.
  • All investigatory records of public bodies, with the exception of law enforcement agencies, pertaining to possible violations of statute, rule, or regulation other than records of final actions taken, provided that all records prior to formal notification of violations or noncompliance shall not be deemed to be public.
  • Records of individual test scores on professional certification and licensing examinations; provided, however, that a person shall have the right to review the results of his or her examination.
  • Requests for advisory opinions until such time as the public body issues its opinion.
  • Records, reports, opinions, information, and statements required to be kept confidential by federal law or regulation or state law or rule of court.
  • Judicial bodies are included in the definition only in respect to their administrative function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt from the operation of this chapter.
  • Library records that, by themselves or when examined with other public records, would reveal the identity of the library user requesting, checking out, or using any library materials.
  • Printouts from TELE — TEXT devices used by people who are deaf or hard of hearing or speech impaired.
  • All records received by the insurance division of the department of business regulation from other states, either directly or through the National Association of Insurance Commissioners, if those records are accorded confidential treatment in that state. Nothing contained in this title or any other provision of law shall prevent or be construed as prohibiting the commissioner of insurance from disclosing otherwise confidential information to the insurance department of this or any other state or country, at any time, so long as the agency or office receiving the records agrees in writing to hold it confidential in a manner consistent with the laws of this state.
  • Credit card account numbers in the possession of state or local government are confidential and shall not be deemed public records.
  • Any documentary material, answers to written interrogatories, or oral testimony provided under any subpoena issued under § 9-1.1-6.
  • Any individually identifiable evaluations of public school employees made pursuant to state or federal law or regulation.
  • All documents prepared by school districts intended to be used by school districts in protecting the safety of their students from potential and actual threats.
  • The list of teachers terminated for good and just cause maintained by the department of education pursuant to § 16-13-9.

14) Okay, so I asked for a document that doesn't appear to be exempt under the Public Records Request rules and it came back with areas that were blacked out. Why is that? -- This is not uncommon. For a variety of reasons, some portions of any public document can be exempted for any number of reasons. Some include disclosing a Social Security number or other identifier, phone numbers, email addresses and other potentially privileged information.


15) This all seems like a lot of work. What's the cost to me? -- Well, that depends on how you look at it. As the person requesting the information, state law specifies that Middletown and other public bodies can charge 15 cents per page and $15 an hour per Public Records Request, with the first hour free. As a taxpayer, every Public Records Requests cost Middletown money. That's not to say they're not a vital part of our democratic system, but $15 does not cover any staff member's hourly wage. That's why it's so important to make sure the informational you're looking for isn't already available publicly before submitting a formal Public Records Request.


16) I want to pay for my requested records online. Is there a way to do that? In a word, yes. Simply visit our secure Point&Pay application at https://mdl.town/Point-Pay to take care of your online payment for your requested records.


17) Okay, so what happens when you don't have a document I've requested? That's up to you to get it for me, right? -- Nope. Under state law, the Town of Middletown is not obligated to produce for inspection or copying any records that the town does not posses. Simply, if we don't have it, it's not on us to get it for you.


18) I requested my information be provided in a spreadsheet or Powerpoint and it wasn't given to me that way. What gives? -- Per state law, the Town of Middletown is not required to reorganize, consolidate or compile data that is not maintained in the form requested.


19) My Public Records Request was denied by the town and I don't agree with this decision. What's my recourse? -- Your first step is to discuss the matter with the impacted town department to see if your issue can be addressed. If you're not satisfied with that outcome, you can submit a review petition with the office of the State Attorney General. If that approach doesn't work, you can file a lawsuit against the town in Superior Court.


20) I still have questions and am not sure where to turn. What should I do? -- The quickest and easiest way to get in touch is visit https://mdl.town/Department online and click the name of the applicable town agency. From there, hit the "Contact" button to submit a form.


Remember the Town of Middletown is always committed to providing all public records in an expeditious and courteous manner consistent with the Access to Public Records Act.