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| Deputy Dan - a law onto himself |
By Will Collette
Charlestown Town Council Vice-President Deputy Dan Slattery conducted a solo investigation of official corruption in Town Hall, collected evidence, released a report and closed the investigation. Now, he is refusing to turn in his collection of evidence - documents he collected from the Town Clerk and other Town Hall staff.
Deputy Dan is a big believer in openness and transparency in government - except when it comes to himself.
He, and of course his CCA compadres, only believe that other people must disclose information. They are privileged and may operate in secrecy with impunity.
After my initial request for the records Deputy Dan brandished at the October Town Council meeting and offered to show to any other Council member, I was denied the records because Deputy Dan retained them. I filled the required, pro forma appeal with Town Administrator William DiLibero and my appeal was denied because Deputy Dan retains the records.
So now, my appeal (see below) goes to the Attorney General's office. This would be a simple matter if Deputy Dan had turned in his "evidence." However, he not only felt authorized to conduct the investigation - contrary to the Town Charter and Town Council rules of procedure - but now feels authorized to withhold those records. We'll see how the AG rules on this appeal.
But the next time you hear Deputy Dan pontificating about how this or that agency - let's take Chariho for example - must be more transparent, think of Deputy Dan's own arrogance and hypocrisy.
Lisa Pinsonneault, Special Assistant Attorney General
Rhode Island Office of Attorney General
150 South Main Street
Providence, RI 02903
150 South Main Street
Providence, RI 02903
This is an appeal of the denial of my request for records from the Town of Charlestown
On October 26, I filed a request by e-mail for records with Amy Rose Weinreich, Charlestown Town Clerk. I requested a copy of a file, described by Town Council Vice-President Daniel Slattery as a two-inch folder of documents that Slattery had collected from town employees in the course of an investigation he conducted following a citizen’s complaint of official corruption.
Council Vice-President Slattery presented his report of his investigation publicly at the regular Town Council meeting on October 11, 2011. I am attaching the report Council Vice-President Slattery submitted. These are entitled “Notes for the Record: Analysis of Allegations Raised by a Citizen on 9/22/2011.” It is marked “8b” for its place on that evening’s Council agenda.
Our Town Council meetings are recorded on a system called “Clerkbase” and may be viewed on-line. The segment with Council Vice-President Slattery’s presentation is at http://www.mytestserver.com/video/test2/playvideo3.asp?sFileName=http://video.clerkshq.com/RI_Charlestown_TownCouncil_20111011&iCurrentPosition=5019.
During his presentation, Council Vice-President Slattery brandished a folder, which he referred to as documentation and evidence he had collected from town staff. Specifically, he said “town staff provided documentation.” He said his conclusions were “based on the evidence they (town staff) presented.” He said “upon collecting all the evidence….all the information that was collected,” Council Vice-President Slattery concluded there was no impropriety and the investigation was closed.
Council Vice-President Slattery claimed he had the approval of the Town Solicitor to conduct this investigation on behalf of the town.
Council Vice-President Slattery stated that he had “documentation two-inches thick and other Council members are welcome to go through it.”
He said that this included “documentation and facts provided by the Town Clerk.”
My open records request was for this file. I believe this file should be disclosed under APRA because it contains material collected by Council Vice-President Slattery, who is an officer of the Town Council.
Council Vice-President Slattery conducted an investigation on behalf of the town regarding the serious subject of official corruption.
By Council Vice-President Slattery’s own description, the materials in the file are town records. He spoke about these records at an open meeting of the Town Council. He brandished the file as a prop during that Council meeting.
He also publicly invited other members of the Council to look at the file and, in the public setting of the Town Council meeting, waived any claim to confidentiality he might otherwise assert under RIGL §38-2-2(K) as notes, work product, etc.
Council Vice-President Slattery also described these materials as non-incriminating to anyone and he said that based “upon collecting all the evidence…all the information that was collected,” he concluded there was no wrong-doing. With that, he said the investigation was closed. While the town does not claim exemption of materials as involved in an on-going investigation, to be thorough, I wish to note that Mr. Slattery himself declared the investigation was over.
I do not dispute the statement by the Town Clerk that she does not have the records I requested.
However, I do assert that Council Vice-President Slattery does have the requested materials, that he collected those materials as an officer of the town on behalf of the town and, by his actions and statements, took these records beyond the description in exemption (K) and made them subject to APRA.
As required by the APRA, I filed an appeal with Town Administrator William DiLibero on November 10, 2011 by e-mail (attached). On November 15, Mr. DiLibero turned down my appeal.
Therefore, I now request your review of my appeal seeking the release of the records in the possession of Town Council Vice President Daniel Slattery. I believe the APRA was enacted to address a situation just like this, where the public has the right to know what Mr. Slattery used as the basis for concluding his investigation of a complaint of official corruption. Based on Mr. Slattery’s own words describing the materials, I believe he cannot claim privilege and fail to make these materials public.
Thank you for your consideration.
Attached:
(1) Report submitted to the Town Council by Daniel Slattery;
(2) E-mail string beginning with the original APRA request and ending with the Town Clerk’s Nov. 18 clarification of the reason for denial;
(3) Appeal of denial to the Town Administrator;
(4) Denial of appeal from the Town Administrator.
