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Open records compliance still lacking

by Ian Donnis

Obtaining police arrest reports and municipal financial settlements often remains a struggle in Rhode Island, despite increased attention about the state's open records laws. In a Brown University study released April 28, police departments met full disclosure requirements 37 percent of the time (40 out of 108 requests). Municipalities fared worse with a compliance rate of 32 percent (23 of 72 requests) in revealing the settlement terms of lawsuits.

Following a similar audit and related legislative action last year, organizers hoped for better results. "The low results are disturbing given that the police were evaluated for compliance with the open records law last year, and vowed to improve," says Ross Cheit, a Brown political science professor, whose public policy students conducted research for the study.

The "Open or Shut" study concludes that open records and open meetings laws are not adequately enforced in Rhode Island, and suggests transferring oversight from the attorney general's office. But other observers, who cited a lack of awareness about the laws as the primary problem, prescribe stepped-up educational efforts to improve the situation.

Bill Fischer, a spokesman for Attorney General Sheldon Whitehouse, describes as "at best, superficial" the report's observation that the AG, "dependent on governmental agencies such as the police department, may be reluctant to enforce these [open records and open meetings] laws." Fischer also remains skeptical about what he calls the subjectivity of the report's research methods.

More efforts to raise awareness are the key, he says, rather than moving oversight to the secretary of state's office, the Ethics Commission or a Freedom of Information commission. Whitehouse started such an outreach effort with police after coming into office last year, and the response has been positive, Fischer says. "We got a real sense that these folks want to be in compliance. There's no sense of a proactive attempt to deny information to Rhode Islanders."

(Whitehouse also won accolades in a recent letter from David B. Offer, editor of The Newport Daily News, who touted the willingness of the AG's staff, compared to predecessor Jeffrey B. Pine, to solve public records disputes without a formal complaint.)

Indeed, the Brown study cites ignorance about the open records and public meetings laws by many municipal officials in explaining the low level of compliance. Two other reasons, according to the study, contributed to poor compliance: disparities between an employee's actual job description and their own perceived responsibilities; and the more comprehensive and complex questions asked by researchers as part of the latest study.

Regardless of the causes, the consequence, according to the report, is that "statewide, some cities and town complied with the open records and open meetings laws and thus honored the public's right to know, while others seemed to willfully or inadvertently disregard requests for information."

Among police departments, Bristol, Lincoln, West Greenwich and Woonsocket did not provide reports after each received three requests from researchers. Eight (or 22 percent of the 37 police departments) surveyed complied with each request for records: Burrillville, Middletown, Charlestown, North Kingstown, South Kingstown, East Providence, Little Compton and Westerly.

State Representative Mark B. Heffner (D-Barrington), who introduced the legislation last year which clarified the public's right to initial arrest reports, says he isn't overly concerned by the study's findings. He will be, however, he says, if such findings persist into the future.

"What I would like to think, that part of the reason for the low compliance is the newness of some of the changes," Heffner says. "During the study period, there may not have been time to absorb" last year's amendment. "I think many police may not be complying due to a lack of understanding."

In some cases, the solution can be just a telephone call away. Cheit tells how Westerly police, after faring poorly on a similar report last year, came into full compliance after he spoke with the town's new police chief.

The Brown study utilized different requests for police, municipalities, and school departments. For police, a local volunteer sent a request for an initial arrest report. Volunteers and student researchers then made two in-person visits. For the results of municipal lawsuits, letters were sent by volunteers to tax assessors and municipal clerks.

In overall results, East Providence, Westerly and Charlestown were completely compliant in all three parts of the study. But Coventry, Johnston, Newport, North Providence, Richmond, Smithfield, Warren, West Warwick, and West Greenwich did not provide requested records for municipal legal claims and arrest reports.

The report found that most school districts complied with state open records and open meetings law, but it recommended improvements and further education for school committees and school department staffs.

"To the students, what's most interesting is that in all three areas, there are people who are doing a very good job," Cheit says. "It shows there are all these people who can figure out how to comply with this. We're very pleased with that."