Last 10 internal affairs reports

Jane Doe filed this request with the Central Falls Police Department of Central Falls, RI.
Status
Completed

Communications

From: Jane Doe


To Whom It May Concern:

Pursuant to the Rhode Island Access to Public Records Act, I hereby request the following records:

The last 5 internal affairs reports

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Jane Doe

From: Central Falls Police Department

June 3, 2019

MuckRock News

DEPT MR 73998

411 Highland Ave

Somerville, MA 02144

requests@muckrock.com<mailto:requests@muckrock.com>

RE: ACCESS TO PUBLIC RECORDS REQUEST

To whom it may concern:

The City of Central Falls received your request for copies of certain public records on May 23, 2019. Due to the extensive amount of research pertaining to your request the City has good cause to extend the ten (10) day time period by an additional twenty (20) days. Please note this is not a denial of your request to review the requested documentation. Thank you for your time and cooperation.

Very truly yours,

Lisa A. Dias, on behalf of

Matthew T. Jerzyk

City Solicitor

Lisa Dias
Human Resources/Legal Department Clerk
City of Central Falls
580 Broad Street
Central Falls, RI 02863
P: (401)727-7405 HR
P: (401)727-7490 Legal
F: (401)727-7422
www.centralfallsri.us<http://www.centralfallsri.us/>
Ldias@centralfallsri.us<mailto:Ldias@centralfallsri.us>

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From: Central Falls Police Department

July 3, 2019

MuckRock News
DEPT MR 73998
411 Highland Ave
Somerville, MA 02144

*Sent via email to requests@muckrock.com
<requests@muckrock.com>*

RE: ACCESS TO PUBLIC RECORDS REQUEST

To whom it may concern:

This Department’s review of your May 23, 2019 Access to Public Records Act
(“APRA”) request is complete. Specifically, you seek the following:

"The last 5 internal affairs reports."

Upon a review of the files maintained and possessed by the Central Falls
Police Department, we have determined that this Department does possess
records that are responsive to your request. Please see attached. As you
will see in the documents, certain identifying information has been
redacted pursuant to *R.I. Gen. Laws* § 38-2-2(b) and (D) and the balancing
test recognized in *Direct Action for Rights and Equality v. Gannon*, 713
A.2d 218 (R.I. 1998).

Please note that this response includes the last 5 internal affairs reports
that were completed after being initiated by a civilian complaint. In
reliance on the recent Superior Court decision in *Lyssikatos v. Tina
Goncalves, et. al.*, PC-2017-367, March 18, 2019, internal affairs reports
that were completed after being initiated by internal, personnel decisions
of the Central Falls Police Department are not releasable at this time.
These reports would offer no insight into the official acts and workings of
the government and release of the records would not shine light on how the
Central Falls Police Department, as a whole, operates. *Compare **The Rake
v. Gorodetsky*, 452 A.2d 1144 (R.I. 1982) and *Direct Action for Rights and
Equality v. Gannon*, 713 A.2d 218, 224 (case holdings for civilian
complaint generated internal affairs reports) In addition, section (b) of
R.I. Gen. Laws § 38-2-2 exempts “[p]ersonnel and other personal
individually identifiable records otherwise deemed confidential by federal
or state law or regulation, or the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552
et seq..” It is the City's position that supervisor generated internal
affairs investigations are personnel investigations relating to job
performance and are thus exempt pursuant to this section (b). In weighing
the balancing test of the public interest and the privacy interests of the
relevant individuals, the City finds that the public interest in disclosure
would be minimal while the release of personnel records would constitute an
unwarranted invasion of personal privacy.

The decision of this Department can be appealed pursuant to R.I. Gen. Laws
§ 38-2-8 by appealing this decision to the Mayor of the City of Central
Falls, James A. Diossa, City of Central Falls, 580 Broad Street, Central
Falls, RI 02863. You may also file a complaint with the Department of
Attorney General, 150 South Main Street, Providence, RI 02903, or the
Providence County Superior Court.

Thank you for your time and cooperation.

Very truly yours,
/s/Matthew T. Jerzyk
City Solicitor

~~~~~~~~~~~~~~
Matthew Jerzyk, Esq.
Central Falls City Solicitor
580 Broad Street
Central Falls, RI 02863
Phone: 401-616-2435
E-mail: MJerzyk@CentralFallsRI.us

-> File an APRA request
-> Get Involved in Census 2020
-> Open Data Central Falls
-> Central Falls Nuisance Task Force
-> Affirmative Litigation Initiative

NOTE: The information contained in this electronic message may be legally
privileged and confidential under applicable law, and is intended only for
the use of the individual or entity named above. If the recipient of this
message is not the above-named intended recipient, you are hereby notified
that any dissemination, copy or disclosure of this communication is
strictly prohibited. If you have received this communication in error,
please notify me and purge the communication immediately without making any
copy or distribution.

On Mon, Jun 3, 2019 at 11:21 AM Lisa Dias <ldias@centralfallsri.us> wrote:
>
> June 3, 2019
>
>
> MuckRock News
>
> DEPT MR 73998
>
> 411 Highland Ave
>
> Somerville, MA 02144
>
>
> requests@muckrock.com
>
>
> RE: ACCESS TO PUBLIC RECORDS REQUEST
>
>
>
> To whom it may concern:
>
>
>
> The City of Central Falls received your request for copies of certain
public records on May 23, 2019. Due to the extensive amount of research
pertaining to your request the City has good cause to extend the ten (10)
day time period by an additional twenty (20) days. Please note this is not
a denial of your request to review the requested documentation. Thank you
for your time and cooperation.
>
>
>
> Very truly yours,
>
>
>
>
>
> Lisa A. Dias, on behalf of
>
> Matthew T. Jerzyk
>
> City Solicitor
>
>
>
>
> Lisa Dias
>
> Human Resources/Legal Department Clerk
>
> City of Central Falls
>
> 580 Broad Street
>
> Central Falls, RI 02863
>
> P: (401)727-7405 HR
>
> P: (401)727-7490 Legal
>
> F: (401)727-7422
>
> www.centralfallsri.us
>
> Ldias@centralfallsri.us
>
>
>
>
>
>

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