VIA EMAIL ONLY 

April 7, 2023

Ms. Katrina Lapierre 

Timothy C. Cavazza, Esquire 

Legal Counsel, Woonsocket Housing Authority  

Louise Marcus, Esquire

Legal Counsel, Woonsocket Housing Authority

Dear Ms. Lapierre and Attorneys Cavazza and Marcus:  

We have reviewed the supplemental submissions filed by the Woonsocket Housing Authority (“WHA”) and the Complainant in connection with the above-referenced Access to Public Records Act (“APRA”) matter, which included six (6) complaints filed against the WHA by the Complainant. For the reasons set forth herein, we decline to file a lawsuit against the WHA for a willful and knowing, or reckless violation of the APRA subject to certain conditions discussed herein.

Prior Finding, PR 23-05

We incorporate our prior finding, PR 23-05, and briefly summarize it as follows:

The Complainant submitted six (6) APRA complaints against the WHA from December 16, 2021 through August 17, 2022 related to various APRA requests she submitted to the WHA and was dissatisfied with the response. Based upon the record before us, we determined the WHA violated the APRA in connection with three (3) complaints: December 16, 2021 for failing to indicate that it did not maintain any additional responsive documents; January 6, 2022 by failing to timely respond to the Complainant’s request and by failing to indicate whether any reasonably segregable portion of the December 17 open session Zoom meeting minutes were available; and February 15, 2022 by failing to timely respond to the Complainant’s request.

We also identified outstanding issues in connection with Complainant’s August 17, 2022 complaint wherein Complainant alleged the WHA violated the APRA by failing to provide all records responsive to the Complainant’s request for meeting transcripts. Based on the record before us, we were unable to determine whether a violation occurred and, instead, directed the Complainant to specify which meeting transcripts she alleges are “missing” or contain “missing” pages and for the WHA to respond addressing Complainant’s concerns and to resolve any outstanding issues or submit a supplemental filing to this Office addressing the same.

Accordingly, we directed the WHA to produce any reasonably segregable portion of the December 17 meeting minutes or, if none is available, to provide this Office with a brief supplemental submission stating why there are no reasonably segregable portions of the December 17 meeting minutes, specifying which provision(s) of the APRA the WHA contends apply to exempt the December 17 minutes, in whole or in part, and provide argument that such exemption(s) should not be considered waived. See R.I. Gen. Laws § 38-2-7(a).  If no reasonably segregable portion exists, the WHA must also indicate the steps taken to determine whether a reasonably segregable portion could be provided.

The WHA was also directed to address whether the violations found in PR 23-05 related to the December, January and February complaints were willful and knowing, or alternatively, reckless.

Based upon this Office’s independent investigation, Ms. Milios was appointed Interim Executive Director of the WHA in October 2021.[1] We also understand that the WHA had legal counsel – Attorney Michael Marcello – through at least December 16, 2021 (see Footnote 1) and that Attorney Timothy Cavazza of the firm Whelan, Corrente and Flanders, LLP was appointed interim legal counsel on December 28, 2021.[2] We also note that as of February 16, 2023, Ms. Milios resigned her position as Interim Executive Director of the WHA.[3]

We are also deeply concerned that the WHA has failed to comply with R.I. Gen. Laws § 38-2-3.16, which provides:

“Not later than January 1, 2013, and annually thereafter, the chief administrator of each agency and each public body shall state in writing to the attorney general that all officers and employees who have the authority to grant or deny persons or entities access to records under this chapter have been provided orientation and training regarding this chapter.”

Based upon this Office’s records, the only certification form we have on file for the WHA was submitted in August 2021 on behalf of the Complainant who undisputedly no longer works for the WHA. No such certification form was ever submitted to this Office on behalf of Ms. Milios.

While we acknowledge that the WHA has faced a years-long barrage of staffing issues which have been the subject of much media attention that may have contributed, at least in-part, to the violations, we also note the inconsistencies in the WHA’s arguments and the obligation that all public bodies must comply with state law.  The WHA’s failure to resolve the outstanding transcript issue described herein (even after this Office forwarded the Complainant’s correspondence to the WHA’s legal counsel) is glaring and the WHA’s missteps are numerous.   

Pursuant to the APRA, the Superior Court may assess civil fines of $2,000 for each willful and knowing violation and $1,000 for each reckless violation of the APRA. See R.I. Gen. Laws § 38-2-9(d). Assuming the WHA complies with our remedial directives set forth in this finding, however, we will not file a lawsuit seeking civil penalties, which we are mindful would ultimately be paid from the public fisc.  We believe the public interest is better served in ensuring the WHA’s prompt compliance with the APRA.

As such, we direct the WHA within ten (10) business days to take the following measures:

1)      As discussed above, provide Complainant with all outstanding transcripts and/or pages of transcripts responsive to Complainant’s August 17, 2022 request and submit an attestation that all documents have been provided to this Office.

2)      As discussed above, provide Complainant with the Zoom file for the December 17, 2021 meeting or a supplemental submission, in affidavit form, addressing why the file cannot be provided and whether any “good cause” exists to withhold any portion(s) of the Zoom file.  Given the opportunities – and failures – for the WHA to already provide “good cause,” we are strongly disinclined to find “good cause” at this late juncture.  A copy of the attestation or any other document should also be provided to this Office.

3)      Have any members who are responsible for APRA compliance watch the APRA portion of this Office’s 2022 Open Government Summit training, which is available on our website: http://www.riag.ri.gov/CivilDivision/OpenGovernmentUnit.php. The WHA must provide a certification to this Office that each member received the virtual training in accordance with R.I. Gen. Laws § 38-2-3.16.

4)      Provide this Office with a detailed account of the steps it has taken and/or intends to take to educate its members on, and ensure future compliance with the APRA’s requirements, including implementing a written policy outlining those requirements and identifying the appropriate person(s) by name or title who are responsible for carrying them out.  See R.I. Gen. Laws § 38-2-3(d).

a.       We also note that as of March 16, 2023, the WHA’s website still lists Ms. Milios as the appropriate contact to whom public records requests are submitted.[4] The WHA should update this as soon as possible given Ms. Milios’ February 16, 2023 resignation.

Although this Office has grounds to file a lawsuit requesting the Superior Court to assess civil penalties for each willful and knowing, or reckless APRA violation, this Office will refrain from doing so if the WHA complies with these remedial steps.

The WHA is on notice that the conducted discussed in Lapierre v. Woonsocket Housing Authority, PR 23-05 violates the APRA and that this finding may serve as evidence of a willful and knowing, or reckless violation in any similar future situation. Should the WHA be found to have committed a similar APRA violation in the future, this Office will be mindful of this history and the multiple admonishments that the WHA has now received regarding APRA violations.