RIDOT Refuses to Turn Over 59 Emails Tied to 6/10 Contamination Investigation

RIDOT Refuses to Turn Over 59 Emails Tied to 6/10 Contamination Investigation

The Rhode Island Department of Transportation is refusing to release documents from federal agencies relating to the contaminated soil dumped in the Olneyville section of Providence — one of the city’s poorest neighborhoods.

On June 2, GoLocal filed an Access to Public Records Act (APRA) request seeking “any communications from the U.S. Department of Labor, Federal Highway Administration or US Department of Justice to the RI Department of Transportation to any employee including but not limited to Peter Alviti between Jan 1, 2022 and today. “

The agency, and, specifically its director, Peter Alviti, repeatedly denied there was contamination and now is refusing to turn over 59 emails.

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RIDOT and Alviti had repeatedly ignored complaints about the contaminated soil and has repeatedly tried to block and delay the release of public information.

In July, RIDOT charged GoLocal nearly $900 for the records request and is withholding 59 emails citing exemptions in the APRA statute that allows the agency to withhold the documents -- but do not require the agency to withhold them. 

"RIDOT ignored complaints about the dumping in 2020, then Director Alviti took to the radio to deny that the material was contaminated, and when that was proven false, then he claimed that the material was not a serious health threat and now he is refusing to release important public documents that will help to resolve this public health and environmental issue," said Josh Fenton, CEO and co-founder of GoLocalProv.

The RIDOT wrote in the letter to GoLocal denying key emails:

"RIDOT is producing 4254 emails responsive to your request. However, RIDOT is withholding 59 emails which are between the US Department of Labor, the Federal Highway Administration, and/or US Department of Justice and RIDOT’s Office of Legal Counsel and are exempt pursuant to:

• RIGL § 38-2-2(4)(E) Any records that would not be available by law or rule of court to an opposing party in litigation.

• RIGL § 38-2-2(4) (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work products, including those involving research at state institutions of higher education on commercial, scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided, however, any documents submitted at a public meeting of a public body shall be deemed public.

• RIGL § 38-2-2(4) (P) All investigatory records of public bodies, with the exception of law enforcement agencies, pertaining to possible violations of statute, rule, or regulation other than records of final actions taken, provided that all records prior to formal notification of violations or noncompliance shall not be deemed to be public.

• RIGL § 38-2-2(4) (S) Records, reports, opinions, information, and statements required to be kept confidential by federal law or regulation or state law or rule of court.

 

Dumping, Denials, Delays 

The dumping of contaminated started in July of 2020 and continued for weeks. The material was piled up to nearly the third-floor windows of the homes in the neighborhood.

For months Alviti and RIDOT denied that the soil trucked to the Plainville Avenue site by the lead contractor on the 6/10 project, Barletta Heavy Machine, was contaminated, but a union top official James White repeatedly complained about the contamination.

Alviti denied the claims, made false charges against the whistleblower While, and tried to minimize the impact on abutting homeowners. White is the President of Local 57 of the International Union of Operating Engineers and sparked the ongoing investigation by GoLocalProv. The first report on the contamination was published on September 8, 2020.

There have been ongoing federal and state investigations. But neither the U.S. Attorney's office nor Attorney General Peter Neronha has yet to take enforcement action during the past two years.

In July, GoLocal News Editor Kate Nagle confronted Federal Highway Administration (FHWA) Deputy Administrator Stephanie Pollack, who came to Rhode Island for a press site visit at the controversial 6/10 project.

“You know, the Department of Transportation's independent inspector general is taking a look at the claim so [I am] not going to talk about those today but we have a process when there is a complaint made,” said Pollack.

“We take those very seriously,” said Pollack.

But, Pollack would not answer questions about the ongoing federal investigation far broader and deeper than the investigation now with the U.S Attorney's office in Providence and Rhode Island Attorney General's office.

That federal investigation has been led by Susan Murphy of the U.S. Department of Labor’s Office of Inspector General, Office of Labor Racketeering & Fraud Investigation.

Alviti interrupted the questions by Nagle, claiming his agency has been proactive.