AG finds police violated records law with $5 flat fee charge

Posted 6/19/14

The office of the Attorney General has given the Warwick Police Department 10 days to respond to its finding that it violated the Access to Public Records Act (APRA) when it charged an attorney a $5 …

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AG finds police violated records law with $5 flat fee charge

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The office of the Attorney General has given the Warwick Police Department 10 days to respond to its finding that it violated the Access to Public Records Act (APRA) when it charged an attorney a $5 fee for the records he sought and failed to provide an itemization of those costs.

The finding was issued in a June 12 email to Jennifer A. Fitzgerald, who filed her complaint back on Jan. 31. She alleged the department violated the act when she requested the information on Nov. 23, 2013.

In a five-page letter, Special Assistant Attorney General Lisa Pinsonneault outlines Fitzgerald’s complaint and the actions taken by the city as communicated by City Solicitor Peter Ruggiero and Major Robert Nelson.

Fitzgerald claimed that the Department’s practice “of charging a ‘flat’ fee of five dollars of all records requests, without consideration of the actual time involved in each individual request, was ‘patently unlawful.’”

The Attorney General finds the department improperly charged for the access to records request, noting that the law does not allow a charge of more than $15 an hour – not a flat fee. In addition, a public body may charge 15 cents a page for document copies.

In his response, Ruggiero said the department has been instructed to cease the use of a flat fee.

Pinsonneault’s letter goes on to say the Attorney General is faced with two remedies. It may seek injunctive and declaratory relief from Superior Court, or the court may impose a civil fine of no more than $2,000.

“Because the Police Department was charging a ‘flat fee’ of five dollars per report, not withstanding the cost requirements contained in APRA, we do have concerns whether the Police Department recklessly, or willfully and knowingly, violated APRA,” the letter reads.

Ruggiero said Tuesday he would reply to the finding, noting that changes have been made in how APRA requests are handled, but apparently, “the Attorney General is not satisfied.”

He noted that the “issue has been corrected,” and furthermore, while charged $5 for each of the two requests Fitzgerald made, she did not pay the fee.

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