PROVIDENCE – The R.I. attorney general has denied an appeal by two news organizations over the fees they were charged to obtain public records related to the Washington Bridge closure, according to a report by WJAR-TV NBC 10.
In a decision written Tuesday and signed by R.I. Attorney General Peter F. Neronha, the office determined that the governor’s office did not violate the Access to Public Records Act, which allows for government agencies to charge fees for “search and retrieval” of documents.
Both the Boston Globe and WJAR-TV made requests to McKee’s office for records pertaining to the closure of the westbound lanes of the Washington Bridge on Dec. 11 “due to structural failures.”
WJAR-TV reporter Brian Crandall appealed a prepayment estimate of $1,012.50 for “all email correspondence from Dec. 8 through Dec. 15 between the R.I. Department of Transportation and the the governor's office related to the discovery of the broken steel rod in the bridge and the resulting closure of the westbound side of the bridge,” according to the decision.
The Boston Globe, however, was given a prepayment estimate of $2,433 for its request to McKee’s office on Dec. 13, seeking “all communications [including but not limited to emails, text messages, etc.] from members of the governor’s staff regarding the Washington Bridge from July 2023 to present day.” However, the Globe scaled back its request and was given a cost estimate of $439.
Neither the Globe nor WJAR-TV paid the fees and instead filed an appeal with the attorney general’s office, arguing the records were in the public interest.
“The prepayment estimates provided by the Governor’s Office to each of the Complainants did not violate the APRA,” the decision concluded. “The Governor’s Office provided information to support its assertion that five minutes for review and redaction of emails was reasonable in the particular circumstances of these requests.”
However, the decision also states “we reiterate in this finding, as in other findings from this Office, that the APRA is a floor and not a ceiling. Although the APRA permits the assessment of prepayment, a public body is free to not assess prepayment and to produce public records without cost, or at a reduced cost, especially when the records pertain to a subject matter that is of significant public interest.”
On Feb. 2, McKee directed RIDOT to refund both WPRI-TV CBS 12 and the Providence Journal, which were charged $300 and $450, respectively, for emails detailing the Washington Bridge closure.
