GoLocal Sues McKee and Infante-Green Over Violation of Open Records Statute Tied to $70M Contract
GoLocalProv News Team
GoLocal Sues McKee and Infante-Green Over Violation of Open Records Statute Tied to $70M Contract
GoLocal filed a request a month ago regarding documents related to GoLocal’s ongoing investigation into a $70 million a year contract awarded to ABM — a New York-based company that has been the subject of hundreds of millions in fines and payments of settlements related to wage theft and safety violations.
The GoLocal complaint is scheduled for a hearing on Thursday before Superior Court Judge Christopher Smith.
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GoLocal Lawsuit Against Infante-Green and McKee
“The Rhode Island Department of Education has flaunted the Rhode Island Access to Public Records Act, R.I.Gen.Laws by failing to timely make accessible public records requested by the plaintiff,” states GoLocal’s complaint.
"RIDE ignored GoLocal's APRA request and allowed the time frames set forth in the statute elapse. Even after belatedly acknowledging the legitimacy of the APRA request, RIDE produced extensively redacted documents, that in many cases totally strike out the subject matter of the document. Further, RIDE tardily asserted blanket objections rather than articulating with specificity why the redactions were necessary and appropriate. Also, RIDE did not produce all records responsive to the APRA request. RIDE refused to produce certain public records because, according to RIDE, no portion of the requested document contains 'segregable information that is releasable' due to the 'preliminary drafts, notes impressions, memoranda, working papers and work products [,]' exception to the APRA. However, no information is provided that would allow a party to evaluate RIDE’s claim,” states the complaint.
On August 3, GoLocal submitted a request for emails and text messages between RIDE and Providence Public School staff regarding the $70 million contract.
GoLocal received a confirmation that it was received that day.
And then the request was ignored.
Ten days later, GoLocal contacted RIDE after the deadline for response expired.
GoLocal followed up again, requesting the emails and texts and notifying RIDE that it was in material violation of the statute.
Then, RIDE moved forward with a series of excuses -- RIDE claimed that they did not receive it, and GoLocal provided the confirmation.
Then RIDE said it would respond and subsequently turned over only a small number of emails, no texts, and redacted nearly every word of every email.
“RIDE also is withholding public records claiming they are preliminary drafts, notes impressions, memoranda, and work products [,]” but neither identifying the specific document nor explaining why the documents are exempt from APRA,” states GoLocal’s complaint.
Attorney for GoLocal, Fausto Anguilla, said about the need for the lawsuit, “The public has a right to know how and why decisions are made that spend their tax dollars.”
“The question of whether a good decision or a bad decision was made regarding a public contract can be understood only by knowing all the circumstances regarding the award of that contract,” said Anguilla.
“The requested records are essential in plaintiff's reporting to the general public the circumstances regarding the awarding of a contract worth more than seventy million dollars annually. APRA's purpose is the free flow and disclosure of information to the public pertaining to the policy-making responsibilities of government. RIDE's actions in this matter thwart that purpose,” according to the complaint by GoLocal.
GoLocal Seeks
GoLocal requests, "A. That the Court order all records responsive to the APRA request set forth in ...this Verified Complaint be made available in an unredacted form for inspection and review within twenty-four (24) hours. B. That the Court find that the Defendants have knowingly and willfully violated the Rhode Island Access to Public Records Act. C. That the Court impose a fine upon Defendants in an amount prescribed by R.I.Gen.Laws §38-2-9(d). D. That Plaintiff is awarded reasonable attorney fees and costs. E. That the Court Order such other relief that is just under the circumstances of this case."
Response by McKee
“Our legal team is reviewing the filing and will respond accordingly,” said Olivia DaRocha, press secretary to McKee.
GoLocalProv CEO and co-founder Josh Fenton said, “This is a blatant disregard for the public records law, and there are growing concerns about RIDE’s behavior.”
This is the second time GoLocal has sued a governor over the release of public documents. In October 2019, GoLocal sued then-Governor Gina Raimondo over the release of interviews conducted by the State Police relating to 38 Studios.
In February, she reversed course and agreed to GoLocal's demands.