RI ACLU Criticizes Kilmartin’s Handling of Morgan’s Request for Google Documents

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RI ACLU Criticizes Kilmartin’s Handling of Morgan’s Request for Google Documents

Attorney General Peter Kilmartin
The Rhode Island ACLU released an analysis of Attorney General Peter Kilmartin’s response to State Representative Patricia Morgan’s request for documents relating to the funds from the Google settlement.

As GoLocalProv reported, Morgan has been charged over $3,700 for partial release of the records, some of which are redacted.

Click here for the analysis

The Analysis

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The analysis expressed concern over the redaction of “a seemingly innocuous document” addressing a purchase order for lapel pins. Kilmartin’s  justification for this redaction was that APRA allows public bodies to withhold any documents that are considered “memoranda.” 

The ACLU’s report claims that "no public body has every interpreted the cited exemption in this extraordinary manner.”

The report also takes issue with a pattern of redacting invoice and purchase numbers from hundreds of documents. The ACLU notes that those redactions make it hard to follow requisition orders across documents, which Morgan expressed an interest in doing, and likely added substantially to the fees she was charged, since APRA allows agencies to charge for the time it takes to redact records. 

The ACLU analysis also used this issue to raise concerns about the “tendency by public bodies generally to view responding to APRA requests as a nuisance rather than a duty” inherent in government work.

ACLU Calls for Changes

The ACLU report calls for a number of amendments to APRA, including: creating a presumption of waiving charges for record requests that are in the public interest; barring public bodies from charging for time spent redacting, or otherwise denying access to, records; and requiring that a specific exemption be cited with each redaction or withholding of a document.


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