Projo 7 to 7 News Blog

PROVIDENCE, R.I. -- The House on Tuesday passed an amended version of an open records bill that eliminates what supporters had called "a huge advance" - a requirement that initial police narratives be made public.

Some of those supporters said they will meet on Wednesday to discuss their options.

"The changes that were made are very troubling and all the groups that have been working on this bill are going to sit down and discuss the ramifications of those amendments," said Steven Brown, executive director of the Rhode Island affiliate of the American Civil Liberties Union, one of several open records advocacy groups that supported the legislation.

"But I'd emphasize that the attorney general has held for some time that the initial narrative reports are in fact a public record," said Brown. "The House vote to the contrary today is a major step backward in the scope of the statute."

Meanwhile, Rep. Edith H. Ajello, D-Providence, the bill's prime sponsor, asked that the bill be held on the desk, meaning it will not be sent immediately to the Senate for a vote.

Ajello said that as long as the bill remains on the House side, it can still be amended. She said, "I'd love to bring it up again to make it whole."

The 46-22 vote followed nearly two hours of debate on a bill that supporters had said will significantly widen access to public records by requiring the police to release basic arrest information within 24 hours, and making it easier for average persons to get records "without hassle."

The Senate unanimously passed a measure last week that included the clarification that initial police narratives be made public. It was sponsored by Sen. J. Michael Lenihan, D-East Greenwich.

The House bill, H-5136, had been recrafted to mirror the Senate bill.

The legislation shortens to 7 days from 10 days the time during which a public body must respond to a records request. It also boosts fines for police and other public agencies that ignore the deadlines.
But whether Governor Carcieri will sign the bills -- or veto it as he did last year is unknown.

State Police legal counsel Lisa Holley said Tuesday that the department still has reservations, including to the 7-day window for responding to records requests. "Seven days is huge for us," Holley said. "It makes it over-burdensome for us."

Carcieri spokeswoman Amy Kempe said the governor will take those objections into consideration, after a full review of the final measure.

The legislation:

• Shortens the time in which a public body must respond to a records request to 7 business days from 10 business days.

• Increases the fine to $5,000 from $1,000 for "a knowing and willful violation" of the open-records law.

• Makes public certain records that had not previously been considered public, including municipal pension records and records of payments received by employees as a result of termination or otherwise leaving public employment

• Specifies that certain portions of police reports are deemed public and must be released within 24 hours, including the name, home address (provided it does not reveal the identity of a crime victim who is a minor), date of birth, gender and race; the charge or charges; the date, time; and the name of the arresting officer.

• Formalizes training and certification requirements for all state and municipal officers and employees of public bodies who handle records requests, and requires every public body to designate a public-records officer; and explain how and where to make public records requests..

 Tags  Open Records Rhode Island State Police State House

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