Paul E. Pontarelli v. Rhode Island Department of Elementary and Secondary Education

Citations

• 176 A.3d 472

Syllabus

he plaintiff, Paul E. Pontarelli, appealed from a Superior Court order granting the motion to dismiss of the defendants, the Rhode Island Department of Elementary and Secondary Education (RIDE) and Ken Wagner, in his capacity as the commissioner of RIDE. Pontarelli sought access to records in RIDE's possession pursuant to the Access to Public Records Act (APRA), G.L. 1956 chapter 2 of title 38. The catch, however, was that those purportedly public records were not related to the statutory mission of RIDE, but to the \private law practice\ of one of RIDE's employees. The agency rejected Pontarelli's request, prompting him to seek declaratory relief in the Superior Court. That relief was denied. The Supreme Court held that it was not erroneous for the motion justice to consider Pontarelli's public-records request in ruling on RIDE's motion to dismiss pursuant to Rule 12(b)(6). Based on the plain language of the request, this Court held that Pontarelli had not sought \public records\ as that term is defined in APRA therefore, his complaint was properly dismissed. Accordingly, the Supreme Court affirmed the order of the Superior Court.