NEW: Neronha to Release Documents in Google Settlement Fund Case

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NEW: Neronha to Release Documents in Google Settlement Fund Case

Peter Neronha
The Rhode Island ACLU announced that Attorney General Peter Neronha will release documents in the Google settlement fund case.

In a letter, Neronha also agreed to refund $3,750 in copying and retrieval costs that former House Minority Leader Patricia Morgan was required to pay for some of the documents last year under former Attorney General Peter Kilmartin.

“I am hopeful that the Attorney General’s concrete actions in this case mark the beginning of a steady departure from those of his predecessor in addressing open records issues.  The stakes for accountability and transparency in our government are too high otherwise,” said ACLU executive director Steven Brown.

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After the ACLU and Morgan have a chance to review the thousands of revised records that have now been released, they will consider whether the court appeal needs to proceed. 

The Case

According to the ACLU, former Attorney General Kilmartin had used this case, which Morgan filed pro se, to argue that any government document constituting a “memorandum” was exempt from disclosure under APRA.

That included the complete black-out of a memo dealing with the purchase – using Google settlement funds – of “lapel pins and challenge coins” for the AG’s staff. In a reversal of that position, Assistant AG Kathryn Sabatini said in the letter to Labinger that all memoranda were being released. Sabatini also indicated that all purchase order and invoice numbers were also being disclosed.

Kilmartin had redacted those numbers for alleged security reasons, even though the state Department of Administration always requests, and sometimes requires, those numbers in order to retrieve bids and contracts for the public.

The redaction of those numbers had made it virtually impossible for Morgan to track the purchases that had been made with the Google funds.

In December 2018, without explaining her reasoning, Superior Court Judge Melissa Long upheld Kilmartin’s redactions, prompting the court appeal on Morgan’s behalf.

Shortly after the appeal was filed, Neronha asked for time to re-examine the redactions that Kilmartin’s office had made in responding to Morgan’s open records request.


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