City of Providence Covers Up Permit File for Solomon Restaurant
Friday, May 16, 2014
A GoLocal investigation into City Council President and Mayoral candidate Michael Solomon's recent renovation construction at his restaurant, Wes' Rib House, raises serious questions about violations of public access -- and cover up.
According to sources, Solomon failed to take out required building permits as required by law for the rehab to his restaurant, which had previously been cited for health code violations.
GoLocal went to the office of Inspections on Thursday to ask to see the permit on file, but was told by city officials that they could not release the information for ten days, citing "privacy concerns."
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST"If you appealed this to the Attorney General, I don't think there would be judge who would say this is an unwarranted invasion of personal property -- see the permit," said John Marion with Common Cause of Rhode Island. "You have to tape a permit to your window so everyone knows you're doing renovations. That's the whole point of the public display."
After being blocked from access to Solomon's file by Taveras administration officials, GoLocal sent another GoLocal staffer Thursday afternoon to ask for the complete file for work being done on the contested Lippitt House property at 200 Hope Street -- including permits and stop work orders -- and was granted immediate access in its entirety to the contents of the file.
Taveras' Ortiz Refused Access to Document
Providence Mayor Angel Taveras spokesperson David Ortiz said, "The Solicitor's Office determined that the file contains account numbers and other personal financial information that needs to be redacted in accordance with the state's public records law. They weren't able to review the file today, but will handle your request in the same manner they handle all requests for public records."
Solomon's camp maintained Thursday that all paperwork had been filed and in order.
"Michael has reached out to the general contractor who is responsible for pulling the necessary permits, and he has assured Michael that all paperwork and permits are in order," said Solomon spokesperson Peter Baptista Thursday afternoon.
City Blocks Basic Information Request
After a clerk at Inspections took the initial request for the permit on Thursday, Kevin Mahoney with the Department returned with the file in hand, but said that he would have consult with the legal department before proceeding.
Fifteen minutes later, Mahoney returned to say he had been told that due to "sensitive information" contained in the file, including "checks", the information could not be made available for ten days, per the directive of the city's legal department.
Despite repeated requests by GoLocal to simply see the permit and no other information contained, Mahoney refused, citing the legal department's directive.
GoLocal then inquired with the legal department, and was told by a clerk, who would not give her name, that because of "parts of the permit that needed to be redacted," the information would not be released for ten days, per the directive of Kate Sabatini with the office.
"They should provide materials upon request, whether they're obligated is another question. The law does give them ten days," said Steve Brown with the Rhode Island ACLU. "There are many documents however that should be immediately available."
Role of APRA in Information Requests
"I've never pulled a permit, but I've asked for tax records," said Marion. "There's a clerk, you go back to the cabinet, they give it to you."
"Individually identifiable information is the rub," said Marion. "Under a narrow reading you could say that a Governor's veto, due to the signature, would be 'identifiable.' But again, this is public building permit, that the public is supposed to see on display," continued Marion. "I don't defend what [the City] did at all."
Marion noted that in 2012 a number of changes were made to the Access to Public Records Act, but couldn't address all possible scenarios.
"In 2012, we had a whole bunch of changes," said Marion. "We looked at the 'balancing test,' which the Journal is challenging with the Chafee records. The balancing test is that the public interest has to be weighed against the unwarranted invasion of personal privacy, but that's for records that otherwise might not get released. We couldn't enumerate time frames for all the types of documents out there."
Marion said it was "valuable" to him to hear of the "real-world" applications of APRA.
"The public needs to know how the media is trying to do things in the public interest, and how they're being stonewalled by government," said Marion. "I'm kind of tired hearing these stories. Until an official goes, "OK, here's the file," until that attitude changes, we haven't really made much progress."
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