Open-records bill approved by Rhode Island House
From Sunshine Review
June 23, 2009 The Rhode Island House passed an open-records bill with a major change, an elimination of the requirement that initial police narrative reports on arrests be made public.[1]
[edit] New amendment
A last-minute amendment in the bill, passed with a 46-22 vote, that eliminated the requirement for police narrative reports on arrests to be open to the public was in addition to two other unexpected amendments in the Rhode Island House.
"The changes that were made are very troubling and all the groups that have been working on this bill are going to sit down and discuss the ramifications of those amendments," said Steven Brown, executive director of the Rhode Island Affiliate of the American Civil Liberties Union. The RIAACLU was one of several advocacy groups that supported the legislation.
"But I’d emphasize that the attorney general has held for some time that the initial narrative reports are in fact a public record," said Brown. "The House vote to the contrary today is a major step backward in the scope of the statute."
Barbara Meagher, president of ACCESS/RI, said lawmakers "need to be braver and let the public know more about what the government is doing."
Rep. Edith H. Ajello, D-Providence, was the prime sponsor of bill H 51360. He asked for a delay before being sent to the Senate for a vote because the bill can still be amended as long as it remains in the House.[1]
[edit] Controversy in the House
It has taken two years to hammer out the twin bills that had the support of the Rhode Island Press Association, the RI ACLU, ACCESS/RI, Common Cause, and the state attorney general’s office. According to Lisa Holley, Rhode Island State Police legal counsel, the department still has reservations, including the seven-day window for responding to records requests. "Seven days is huge for us," Holley said. "It makes it over-burdensome for us."
The bills require police to release basic arrest information within 24 hours, including name, home address (as long as it doesn't reveal the identity of a crime victim who is a minor), date of birth, gender and race, the charge(s), the date, the time, and the name of the arresting officer. The time during which a public body must respond to a records request used to be 10 days and it is now 7 days. They boosted fines for public agencies that ignore the deadlines.
This makes it easier for the average person to obtain records because public employees may not inquire who they are or why they want them. And, it makes certain records public that had not previously been considered public, including municipal pension records and records of payments received by employees as a result of termination or otherwise leaving public employment, the Providence Journal reported.
"For all of us in this chamber who say we’re for open government, this bill is it," said Rep. Michael J. Marcello, D-Scituate. "Though government works for people in Rhode Island, the reality is, some cities and towns — it’s very difficult to get information from them. They use every trick in the book — [including] intimidation," he said. "In this, they cannot ask you why you are requesting it. This is really about transparency."
Major opposition convenes around the idea that anyone can access the information without having to give their name.[1]
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