The New England First Amendment Coalition sparred with the Rhode Island Attorney General’s Office today over whether certain police reports should be presumptively public.
In a decision earlier this month, the office determined that records of an arrest when no charges were ultimately brought do not always have to be disclosed under the state’s Access to Public Records Act.
“The A.G.’s decision in this case was legally wrong,” said Tim White on behalf of NEFAC. “This case will be used to deny by other law enforcement agencies.”
White addressed attendees at the 28th annual Open Government Summit at Roger Williams University on June 4. Rhode Island Assistant Attorney General Katherine Sadeck also provided a defense of her office’s decision.
The decision — Milkovits v. Pawtucket Police Dept. — involves an incident last fall when police officers tackled a man in his home, seized his dog, booked the man, and put him in a jail cell. He was released hours later without being charged with a crime — and without an explanation.
The Rhode Island Access to Public Records Act states that police records that reflect “the initial arrest of an adult and the charge or charges brought against an adult” are public records. Those reports also include basic information about the person arrested and the names of the arresting officers.
The Pawtucket Police Department denied The Boston Globe’s public records request for the arrest record. When the newsroom appealed, the attorney general’s office decided the arrest records could be withheld — a decision that NEFAC Executive Director Justin Silverman said would be abused by law enforcement.
“Police in this state can break into your house, wrongfully arrest you, and never have to explain themselves to the communities they serve,” Silverman told The Boston Globe. “Think about that: So long as charges aren’t brought, arrests can occur in secrecy and the police reports can be permanently sealed or destroyed. It’s a situation ripe for abuse.”
In addition to providing its perspective on the Milkovits decision, NEFAC also helped kick off the Open Government Summit with introductory remarks by Professor Paola Prado, a member of the coalition’s Rhode Island team.
“Records created on behalf of the public, belong to the public,” Prado reminded the audience of mostly municipal employees. “Access to those records is not a favor, it’s a right.”
NEFAC is the region’s leading defender of the First Amendment and open government. The coalition began in 2006 to advance and protect the five freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC appreciates the support of all its donors and contributors. In particular, we would like to recognize the Estate of Gloria L. Negri, the John S. and James L. Knight Foundation and the following Leadership Circle donors: Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, The Harbus Foundation, Boston University and the Robertson Foundation. Major Supporters of NEFAC’s work include Hearst Connecticut Media Group, Gravel & Shea PC, the Academy of New England Journalists, and Truro News.