Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. STATE OF RHODE ISLAND SUPERIOR COURT PROVIDENCE, SC ATTORNEY GENERAL PETER F. NERONHA, : IN HIS OFFICIAL CAPACITY, : PLAINTIFF, : : C.A. NO.: P.C. 20- V. : : CITY OF PAWTUCKET, : DEFENDANT. : COMPLAINT I. INTRODUCTION Attorney General Peter F. Neronha (“Attorney General”), acting in his official capacity, brings this action alleging that the City of Pawtucket (“City”) committed a violation of the Rhode Island Access to Public Records Act (“APRA”) when it failed to disclose responsive records indicating the city or town of residence of public employees requested in an APRA request filed by Ms. Lynn Farinelli (“Ms. Farinelli”) on August 2, 2018. The Attorney General respectfully requests that this Honorable Court declare that the City’s actions violated the APRA and order the City to provide responsive documents to Ms. Farinelli at no cost. II. PARTIES 1. Plaintiff is the Attorney General of the State of Rhode Island. Pursuant to Rhode Island General Laws § 38-2-8(b), the Attorney General shall investigate APRA complaints filed with the Office of Attorney General (“the Office”), and if the complaint is found to be meritorious, the Attorney 1 Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. General may institute proceedings for civil penalties and/or injunctive or declaratory relief. 2. Defendant, the City, is a “public body” as defined by Rhode Island General Laws § 38-2-2(1) and is thus subject to the APRA. See R.I. Gen. Laws § 38- 2-1, et seq. III. JURISDICTION 3. The Rhode Island Superior Court is vested with jurisdiction over this matter pursuant to R.I. Gen. Laws § 38-2-9. 4. Venue is proper in Providence County Superior Court under R.I. Gen. Laws § 9-4-3 and R.I. Gen. Laws § 38-2-8(b). IV. FACTS 5. The APRA provides that all records maintained by a public body are public records unless the record falls within one of 27 specific enumerated exemptions. See R.I. Gen. Laws §§ 38-2-2(4)(A)–(AA). 6. The APRA provides that “with respect to employees *** the city or town of residence *** shall be public.” R.I. Gen. Laws § 38-2-2(4)(A)(I)(b). 7. The APRA requires disclosure of the city or town of residence of all public employees. 8. City police officers are public employees. 9. The APRA does not exempt police officers from the requirement that the city or town of residence of all public employees shall be public. 2 Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. 10. The APRA does not exempt from public disclosure records indicating the city or town of residence of police officers. 11. On or about August 2, 2018, Ms. Farinelli filed an APRA request with the City seeking a list of police officers employed by the City and the city or town of residence of each police officer. 12. On or about August 17, 2018, the City responded by providing a list of City police officers but withholding the city or town of residence. 13. The City never represented that it did not maintain records containing the city or town of residence of the City’s police officers. 14. On information and belief, the City maintains records responsive to Ms. Farinelli’s request and that indicate the city or town of residence of the City’s police officers. 15. On or about August 17, 2018, Ms. Farinelli filed an APRA complaint with this Office, alleging that the City violated the APRA when it withheld records indicating the city or town of residence of City police officers. 16. Following an investigation, the Office issued a finding, Farinelli v. City of Pawtucket, PR 19-17, wherein the Office found Ms. Farinelli’s complaint meritorious and determined that the City violated the APRA by withholding the city or town of residence of City police officers. See Exhibit A, Farinelli v. City of Pawtucket, PR 19-17. 3 Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. 17. Specifically, the Office found that the plain language of R.I. Gen. Laws § 38-2-2(4)(A)(b) mandates disclosure of “the city or town of residence” of all public employees. See id. 18. This Office determined that the APRA requires disclosure of each police officer’s respective city or town of residence. See id. 19. This Office concluded that the City violated the APRA by withholding the city or town of resident of police officers in response to Ms. Farinelli’s request. See id. 20. After concluding that the City violated the APRA, the Office directed the City to disclose the officers’ city or town of residence within ten business days. 21. This Office’s finding did not require disclosure of officers’ home addresses, only their city or town of residence as required by the APRA. 22. On November 25, 2019, the City requested that this Office reconsider its finding in Farinelli v. City of Pawtucket, PR 19-17. See Exhibit B, Request for Reconsideration. 23. In its request for reconsideration, the City asserted that it had not and would not disclose the city or town of residence for City police officers. See id. 24. Following a review of the City’s reconsideration arguments, this Office issued Farinelli v. City of Pawtucket, PR-20-10, affirming the Office’s prior finding. See Exhibit C, Farinelli v. City of Pawtucket, PR 20-10. 4 Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. 25. Specifically, this Office found that the plain language of the APRA requires the “city or town of residence” of any public employee to be public and that “the General Assembly did not make any exception for law enforcement employees that would treat them differently than any other public employees.” See id. 26. This Office directed the City to disclose to Ms. Farinelli the city or town of residence for City police officers within ten business days. 27. On March 11, 2020, the City notified this Office that it would not disclose the city or town of residence for City police officers. See Exhibit D, March 11, 2020 Letter from City Solicitor Frank J. Milos, Jr. 28. On information and belief, the City has not provided records indicating the city or town of residence of City police officers to Ms. Farinelli as of the date of this filing. V. COUNT ONE – VIOLATION OF THE APRA 29. Plaintiff hereby incorporates Paragraphs 1 through 28 herein. 30. R.I. Gen. Laws § 38-2-2(4)(A)(I)(b) provides that the city or town of residence of public employees shall be public. 31. The City violated R.I. Gen. Laws § 38-2-2(4)(A)(I)(b) when it failed to provide Ms. Farinelli with records it maintained indicating the city or town of residence of City police officers as requested by Ms. Farinelli. 32. As relief, Plaintiff asks this Honorable Court to: 5 Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. a. declare that the City violated the APRA when it failed to provide Ms. Farinelli with responsive records evincing the city or town of residence of City police officers as requested by Ms. Farinelli; and b. order the City to provide responsive records indicating the city or town of residence of City police officers to Ms. Farinelli at no cost in accordance with R.I. Gen. Laws § 38-2-9(d). WHEREFORE, pursuant to R.I. Gen. Laws § 38-2-8(b), Plaintiff respectfully requests this Honorable Court 1) declare that the City violated the APRA; 2) order the City to provide the responsive records at no cost to Ms. Farinelli in accordance with R.I. Gen. Laws § 38-2-9(d); and 3) further award any such relief as this Court deems just and equitable. Respectfully submitted, PLAINTIFF, PETER F. NERONHA ATTORNEY GENERAL, By, /s/ Kayla E. O’Rourke Kayla E. O’Rourke, Esq. (# 9531) Special Assistant Attorney General 150 South Main Street Providence, Rhode Island 02903 (401) 274-4400 ext. 2020 (401) 222-2995 (fax) [email protected] Dated: June 24, 2020 6 Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L. Case Number: PC-2020-04753 Filed in Providence/Bristol County Superior Court Submitted: 6/24/2020 11:04 AM Envelope: 2638612 Reviewer: Rachel L.
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