Gov. Donald L. Carcieri delivered a setback to open government in Rhode Island when he vetoed a bill that would improve Rhode Island’s public records law.
As passed by the General Assembly, the bill makes numerous improvements to the existing Access to Public Records Act.
For instance, it shortens the length of time public agencies have to respond to most records requests from 10 business days to seven business days; for more involved records searches the time allowed to respond drops to 20 business days from 30 business days.
It stipulates that the record-keepers in all public agencies must be properly trained to handle those records.
It protects individuals from having to provide personal information, such as their identity and why they are seeking certain records.
These changes were met with only mild opposition.
The debate really centers on the handling of police records, specifically the arrest reports of adults. The bill would require that all law enforcement agencies produce a record of an adult’s arrest within 24 hours. That record should include pertinent biographical information, as well as where and when the arrest took place, and what charges have been brought.
It further clarifies that the police can take up to seven business days – a week and a half – to release a complete arrest report, including the narrative accounts of the arresting officers.
Col. Brendan P. Doherty, superintendent of the R.I. State Police, claims this would place an undue burden on police departments.
His arguments are troubling and questionable. Most police departments in the state already release most of the information this bill would require, within the time frames given. And in the rare cases when it takes longer than 24 hours to identify those arrested (which on its own is troubling), this bill has no impact. Only if police were found guilty of a “knowing and willful violation” of the law would they be subject to penalties, and that would certainly not apply when they arrest John Doe.
The attorney general’s office claims the bill would threaten the safety of crime victims and witnesses by requiring the release of sensitive, private information. That is not true.
The public records law includes protections against invasions of privacy, as might be the case with a rape victim or a molested child.
The attorney general also wants to withhold the location of an arrest from the public – probably the most absurd challenge to this bill yet. Several years ago, East Bay Newspapers sued the Town of Barrington because the chief of police routinely withheld the location of every arrest and criminal action.
In his summary judgment, then-R.I. Superior Court Judge Stephen J. Fortunato Jr. blasted the Barrington police. He called the policy “offensive” and described how, since the time of this nation’s founding, a crime against an individual has been considered a crime against the entire community, and thus a public event.
Before it landed on the governor’s desk, the bill was reviewed, critiqued, amended and re-written many times. It had widespread support from advocacy groups, including Common Cause, the League of Women Voters, the American Civil Liberties Union, Access/RI and the Rhode Island Press Association. It had the input and support of the Rhode Island Police Chiefs Association.
It passed unanimously in the state Senate and overwhelmingly in the House.
This bill is written for the benefit of all citizens. It forces police departments to be more accountable. It compels all government agencies to be more responsive and professional. It allows all of us to be better informed.
Our senators and representatives demonstrated courage and leadership in passing this bill once. I hope they once again defend open government in Rhode Island by overriding the governor’s veto. •
Scott Pickering is managing editor of East Bay Newspapers and president of the Rhode Island Press Association. Providence Business News Editor Mark S. Murphy is vice president of the Rhode Island Press Association.
