AG Sues Woonsocket for Public Record Access Violations

The RI Attorney General's office has filed a complaint in Rhode Island Superior Court citing Woonsocket for "two knowing and willful" violations of the Rhode Island Access to Public Records Act (APRA).

Each violation carries a maximum $2,000 penalty, according to a release sent this morning from the AG's office. 

The AG's office cited Woonsocket for the violations in July, stating officials failed to provide Attorney Michael Kelly documents related to the Water Treatment Plant Project Advisory Committee in a timely manner, some of which remain outstanding.

The suit says the City has yet to fully respond to Kelly's Request No. 8, for, “Any and all documents, correspondence and communications, including e-mails, including but not limited to a purchase agreement, that relate to the acquisition of land for the new water treatment plant.” Though the City argues the purchase and sales agreement is publicly available,  "Request No. 8 is much broader and the City has failed to respond to the remainder of the request," the AG's office writes.

Kelly requested the documents Dec. 21, but didn't receive most of them until April 3, more than two months later, and is still waiting on some that have been withheld without explanation, according to the RI Attorney General Office's ruling.

City Clerk Andrea Bicki, the City's public records custodian, replied in an affidavit she was on vacation when the request was received, and didn't see it until Jan. 2. The city's reply to the request was further delayed, she said, because the request was voluminous and required documents difficult to gather. She forwarded the request to Mayor Leo Fontaine and Director of Public Works Sheila McGauvran, letting them know they had to respond by Jan. 16 (10 business days after the request) or Feb. 13 (an additional 20 business days after the request with an extension) according to RI Open Meeting Law. Bicki testified in the affidavit that she then requested an extension, ultimately sending the documents April 2.

“We refuse to allow public bodies to justify their non-compliance with the APRA by simply asserting that they are short-staffed without any other reasonable, good faith explanation and evidence,” the AG's office repeated in their release this morning.

This is not the first time the City has run afoul of APRA. In a 2010 consent judgment, the City acknowledged it was required to respond to an APRA request within 10 business days of receipt of the request, subject to the 20 business day extension. That time, the City agreed to pay the State a civil fine of $1,000. 

“We recognize that many cities and towns are struggling financially, but that cannot be held out as an excuse for failing to comply with the law,” said Attorney General Kilmartin.  “Government has an obligation to its citizenry to be transparent and responsive.  In this instance, as in the past, the City of Woonsocket failed to be both.”  

Fontaine could not immediately be reached for comment.