PORTSMOUTH — The town violated the state public records act when it failed to provide the local police union with documents relating to attorney fees and other expenses incurred due to an arbitration hearing, the Rhode Island attorney general’s office ruled Monday.
Although the town did respond to the union with a dollar figure in narrative form, it did not provide copies of the actual documents as required, according to the attorney general’s office.
Michael C. Arnold, president of the International Brotherhood of Police Officers (OBPO) Local 302, first alleged the town had violated the Access to Public Records Act (APRA) in a Sept. 29 e-mail to the attorney general’s office.
According to Mr. Arnold’s complaint, “our treasurer had requested all documents relating to payment of attorney fees and other expenses incurred due to an interest arbitration hearing between the Town of Portsmouth and INPO Local 302.”
Mr. Arnold said he received a sole e-mail from James Lathrop, the town’s director of finance and human resources, “indicating the amount spent on the interest arbitration; however (our treasurer) did not receive any supporting documentation to substantiate such claim.”
In its Oct. 7 response to the complaint, the town said Mr. Arnold’s letter did not accurately reflect the request submitted by union treasurer Jack Clark.
Mr. Clark requested “all debts paid and owed due to negotiations with the Portsmouth Police Union to include legal fees, witnesses, actuary costs, etc.” from Jan. 1, 2013 through July 1, 2014, the town’s response states. Mr. Lathrop, the town said, “reasonably interpreted this to be a request for information — not records.”
The attorney general’s office rejected that argument.
“Respectfully, any conclusion to the contrary in these circumstances would be contrary to the APRA,” Malena Lopez Mora, special assistant attorney general, stated in a Dec. 8 e-mail notifying Mr. Arnold of the decision.
Ms. Mora noted that in a similar case, Campbell vs. Town of Tiverton, the complainant had also requested legal fees and expenses, but the town responded by sharing the billing amounts in narrative form only.
“In Campbell, we concluded that the town had violated the APRA by not allowing the complainant to ‘inspect and/or to copy the actual records,’” stated Ms. Mora. “Here, instead of granting or denying you access to the records sought, the town provided you with numerical information and/or a narrative response.”
Specifically, in an e-mail dated Sept. 25, the town revealed it had incurred the cost of “$87,313 on police arbitration,” she pointed out in her letter. “While it appears that the town provided you with information that may be responsive, at least in part to your request, the evidence makes clear that you were not allowed to ‘inspect and/or to copy’ the actual records,” Ms. Mora stated in her e-mail to Mr. Arnold.
No fine
As a result of the ruling, the AG’s office has directed the town to provide the union with the requested documents within 10 business days of its finding, or otherwise show cause as to why the documents should not be disclosed.
Despite the ruling, the attorney general’s office found insufficient evidence to suggest that the violation was “knowing and willful or “reckless,” therefore no civil fines will be sought against the town at this time, according to Ms. Mora.
“This finding serves as notice to the town that its actions violated the APRA and may serve as evidence of a willful and knowing or reckless violation in any future similar case,” she stated.
Other AG rulings
This is the second time in two weeks that the attorney general’s office has ruled that Portsmouth officials ran afoul of the law. On Nov. 25, the office ruled that the School Committee violated the R.I. Open Meetings Act when it met twice outside the purview of the public earlier this year to greet potential candidates for the school superintendent’s job.
In another recent open meetings complaint, the office ruled Nov. 17 that the Town Council did not violate the law when it convened into executive session to discuss “litigation” regarding the R.I. Department of Environmental Management’s notice of violation issued against the town over septic issues.
Resident Larry Fitzmorris, who filed the complaint, had argued that since all the parties involved in the litigation were present, the meeting should have been held in open session.
The attorney general, however, ruled that the private talks were appropriate.
In an e-mail to the Portsmouth Times, Mr. Fitzmorris said he was trying to establish limits to the use of “litigation” and “potential litigation” to allow town panels to go into private sessions.
“This decision opens the door for all elected bodies to take contentious issues into secret session,” Mr. Fitzmorris stated.
