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September 6, 2007

Update: ACLU decries poor access to public records

The state affiliate of the American Civil Liberties Union, in a report released today, reviews a series of incidents in Rhode Island where it claims public records have been withheld by different state agencies.

ACLU Director Steven Brown says the incidents mentioned demonstrate “the need for strong and comprehensive reform” in the state’s Access to Public Records Act.

The report makes recommendations for strengthening the public records act, including a mandatory certification for government employees who are in charge of dealing with requests.

It also suggests raising the fine for “knowing and willful” violations of the law -- which is currently $1,000 – and adding a fine for reckless violations; requiring defendants to cover attorneys' fees in open records complaints even if a formal judgment is not entered; waiving administrative fees; shortening the time public officials have to respond to a request; and explicitly stating in the law that personal information is not required for access to public records.

There are five incidents detailed in the report, including a settlement agreement in a lawsuit that two former police sergeants filed against the city of Providence after being fired from their jobs and accused of cheating on a police exam.

The terms of the settlement were released to The Providence Journal by undisclosed sources after the city refused to release the information. In an article in June, Assistant City Solicitor Anthony Cottone said the city, as part of the settlement, agreed to keep the contents confidential.

To err on the side of caution, Cottone said in the article, the city will uphold the confidentiality agreement rather than invoke the public records law.

Read the full report here. Click below to read about the other incidents detailed in the ACLU’s report.

-- projo.com staff writer Brandie M. Jefferson

The report also points to a Providence Journal request of records from the state Department of Environmental Management after a Barrington teenager died as the result of a boating accident in July.

When asked for the boat's registration information, a DEM spokesperson said the records were part of "an active investigation" and were exempt from public disclosure.

The report also considers the case of legendary inmate Alfred "Freddie" Bishop and a refusal by the Warwick Police Department -- citing follow-up investigations -- to release his original arrest record three decades after the arrest.

In July, the administrator of Minority Business Enterprise compliance office vetoed to conduct a hearing on an application to obtain "minority business enterprise" status, a designation potentially worth millions of dollars in contracts. The administrator said he was "uncomfortable releasing an open application," and would not release the application to The Journal.

The final example cited by the ACLU is the request by state troopers at the Hope Valley barracks for personal information -- including a driver's license -- when an individual requested an arrest report.

When he refused, troopers told the man that only the defendant or the defendant's lawyer had a right to that information and he was asked to leave.

Posted by Brandie Jefferson at 12:22 PM | Permalink

September 6, 2007

Update: ACLU decries poor access to public records

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