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Public access proposal approved

01:00 AM EDT on Friday, May 30, 2008

By Cynthia Needham

Journal State House Bureau

PROVIDENCE — Open-government advocates earned what they call their biggest victory in a decade yesterday when a Senate committee approved a proposal allowing somewhat faster access to police and public records, sending it to the Senate floor.

It’s been 10 years since a legislative committee has approved any comprehensive changes to the state’s Open Records Law, said Steven Brown, executive director of the Rhode Island Affiliate of the American Civil Liberties Union.

While most Rhode Islanders may never make use of the law themselves, advocates say a robust open-records policy is the foundation of honest state government.

“This is a very positive step forward for those who are trying to keep government open in Rhode Island,” said Scott Pickering, managing editor of East Bay Newspapers and president of the Rhode Island Press Association.

Amended and delayed more times than most in the committee room could remember, the bill moved forward yesterday with only a few minor changes.

“We’re out of time and I’m embarrassed to say it, but I’m just about out of patience,” sponsor J. Michael Lenihan, D-East Greenwich, told the Judiciary Committee yesterday.

The final proposal would require state agencies to answer records requests from the public and the media within 7 business days as opposed to the current 10 days. Police departments would be obligated to turn over the accused’s name and arrest charge within 24 hours, though they would have seven days to release the details of the alleged crime as provided in the narrative sections of the arrest report.

Open-government advocates say adding specific language about what the police must release eliminates the patchwork policies that now exist in different departments around the state.

A provision raising fines for employees who ignore the law was scrapped last night. Fines would remain at their current level of up to $1,000.

Lenihan said some of the last-minute changes resulted from the attorney general’s concerns about releasing records in open criminal cases, and from the Department of Administration which worried about complying with large records requests in a week’s time (the bill allows an extension to 20 days for complicated requests).

The attorney general’s office last night seemed satisfied by the vote. “Our position is that there’s a lot of good in this bill,” spokesman Michael J. Healey said. “But we still have one concern and we think it’s a legitimate one. The bill should include language that allows certain information on initial arrest reports to be redacted if and only if the disclosure would hinder an investigation or compromise the privacy interests of victims and witnesses.”

Brown applauded the committee’s vote. “This is the first attempt to look in a global manner at what the flaws of the Open Records Law are now and how can they be addressed,” he said.

A hearing on a companion bill in the House is expected in the coming days. Sponsor Edith Ajello, D-Providence, said she’s optimistic about its passage. “I think many of the difficulties in the bill have been ironed out by Senator Lenihan working very hard and doing an awful lot of listening,” she said.

cneedham@projo.com