ACLU and GoLocalProv Sue Providence Schools Over Failure to Disclose Public Contract Bids
Monday, October 23, 2023
Cooperating attorneys for the American Civil Liberties Union (ACLU) of Rhode Island have filed a lawsuit against the Providence Public School District (PPSD) and the City of Providence on behalf of GoLocalProv for providing late and inappropriately redacted public records information about a controversial bidding process for a multimillion-dollar “integrated facilities services” for the school district.
The suit comes after months of controversy around the bidding process for the $72 million-a-year contract.
The winner of the contract, ABM Industries, allegedly received a chance to enter an extra bid after its competitors, providing an unfair advantage. However, documentation of each proposal and the awarding of the contract was not released by PPSD or the City for residents to review.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST
New Lawsuit Filed
GoLocalProv has been investigating the story and made an Access to Public Records Act (APRA) request to PPSD for the bids made by the three prospective contractors.
The documents that PPSD eventually provided were heavily redacted, and appeared to completely remove financial information from the bids — the very information that GoLocal wanted to review and report on to taxpayers.
The lawsuit, filed in Rhode Island Superior Court by ACLU cooperating attorneys Fausto Anguilla and Lynette Labinger, argues that GoLocal “has a legal right to obtain the requested documents withheld and the requested documents redacted without redactions, and no legal basis exists for Defendants’ failure to disclose them in full.”
The complaint notes that the Request For Proposals for the bid specifically stated that “all material submitted” by vendors in response to the RFP “shall be considered to be public records…without exception.”
The complaint further alleges that the city’s "Home Rule Charter" requires sealed bids to be opened at a public meeting. Page after page of some of the documents provided to GoLocal are completely blacked out.
The suit also places PPSD at fault for not responding to GoLocal’s APRA request within the statute’s required ten-day response time without requesting an extension. The suit seeks a court order requiring that all the records be turned over immediately and the imposition of a fine and award of attorneys’ fees.
Transparency in Focus
“Rhode Islanders and, in this case, especially Providence residents should be concerned about the cover-up linked to the costs and awarding of a $72 million contract," said Josh Fenton, CEO and co-founder of GoLocal. “It is an embarrassment for the McKee administration to allow RIDE and PPSD to continue to withhold public documents.”
ACLU cooperating attorney Anguilla added: “There is a growing pattern by education officials in Providence and at the state to try and deny the release of clearly public records. We firmly believe that the public needs to know that the bidding process is fair and in the best interest of the students, parents, and fair to taxpayers.”
A copy of the complaint and some sample redacted pages from the APRA response can be found here.
Separate But Related Lawsuit Pending Against McKee and Infante-Green
On September 6, GoLocal filed a lawsuit in Providence Superior Court seeking court action to force the Rhode Island Department of Education and Governor Dan Mckee to comply with Rhode Island’s Access to Public Records Act (APRA).
GoLocal filed a request in August regarding documents related to its ongoing investigation into the same $72 million a year contract awarded to ABM — the New York-based company that has been the subject of hundreds of millions in fines and payments of settlements related to wage theft and safety violations.
That lawsuit is ongoing before Judge Christopher Smith.
“It appears more and more that the Infante-Green and her administration are doing everything possible to hide the details of this contract,” said Fenton.
GoLocal Unveiled Secret $3.2 Million Payment
As the contract was being directed to a new vendor, PPSD was paying off Aramark with a previously undisclosed multimillion-dollar payment.
GoLocal filed a lawsuit against Gov. Dan McKee (in photo) and Angélica Infante-Green to force the release of hundreds of documents relating to the $72M contract.
The secret agreement has not been publicly reported before this article. PPSD did not respond to GoLocal’s request for the document within the required ten days. GoLocal threatened to file a second Access to Public Records Act (APRA) violation lawsuit, and only then did PPSD turn over the agreement.
Presently, GoLocal has a pending lawsuit against Governor Dan Mckee and Infante-Green for the failure to produce hundreds of documents relating to the $70 million facilities management contract.
The secret agreement between PPSD and Aramark states in part: “The Parties agree that they will not disclose the existence and terms of this Release) as well as the underlying circumstances leading to this Release. The Parties will only disclose information regarding this Release) and then only to the extent reasonably necessary, to their attorneys, financial advisors and tax advisors. Notwithstanding the foregoing, the Parties may disclose information regarding this Release to other third parties only to the extent that such disclosure is required by applicable law."
The agreement was signed by Infante-Green and other school officials and was not approved by the Providence School Board or any public body.
The payment made to Aramark was a one-time payment of $3,231,379.27.
School Board Members Call for Investigation
The GoLocal reports sparked the calls for an investigation.
The two Providence School Board members -- Ty’Relle Stephens and Night Jean Muhingabo -- wrote in a letter to Christopher Wray, FBI Director and Peter Neronha, Attorney General, “During their investigation, GoLocalProv uncovered disturbing allegations that demand your immediate attention. Under the direct supervision of Rhode Island Education Commissioner Angélica Infante-Green, it has come to light that a convicted felon was appointed to oversee the bidding process for a contract exceeding $70 million."
They continued:
"Furthermore, a clandestine payment of $3.2 million was made to an outgoing vendor, with indications of potential manipulation in favor of a company known for significant fines and settlements due to various violations. On Wednesday, October 4th, 2023, Providence Mayor Brett Smiley expressed his concerns to GoLocalProv, stating that Providence schools' $72M contract could be “potentially illegal."
Related Articles
- EXCLUSIVE: Fixed Bid, Convicted Felon, Secret $3.2M Payment — Infante-Green Directs $72M Contract
- Smiley Says Providence Schools $72M Contract “Potentially Illegal” and McKee Says He is Reviewing
- Providence School Board Members Call for Investigation Into $72M Contract and Infante-Green
- Chair of Providence School Board “Deeply Disturbed” by Record of Company Winning $70M Contract
- Mayor Smiley Says School Leadership Should Have Done “Due Diligence” in Awarding $70M Contract
- Prov School Board Member Says Investigation Is in Motion, Criticizes Infante-Green Leadership
- COMING MONDAY: Investigation Into $70M Bid, Managed by a Convicted Felon, Secret $3.2M Payment
- ACLU and GoLocalProv Sue Providence Schools Over Failure to Disclose Public Contract Bids
- Providence Teachers Union Boss Accuses Commissioner Infante-Green of “Lies and Manipulation”
- Gov. McKee and Infante-Green Spar Over Failure to Turn Over Documents
- GoLocal Sues McKee and Infante-Green Over Violation of Open Records Statute Tied to $70M Contract
