Pascua: Give Entire Coventry Solicitor Invoices To Full Council April 22

COVENTRY, RI — Coventry Dist. 1 Councilman Jonathan Pascua’s legislation expanding redacted solicitor invoices access to all Council members still leaves the confidential information protected as an exemption to the state’s Access to Public Record Act (APRA), but raises additional concerns.

Pascua addressed voters in a video posted to his Facebook page at 9 p.m. April 16, explaining expanding redacted solicitor invoices access was part of a package that will be discussed during the April 22 Town Council meeting, and giving the Town Manager and Finance Director full access to the documents. Additional items he proposes include requiring an item on the Council agenda in the event any department trends toward exceeding its budget by 5 percent,  all legal invoicing must go through the Town Manager and Finance Director, and budget actuals will be required regularly. All of his proposals, he said will be recorded in the meeting minutues, so voters can see the decisions being made.

“The legislation aims to bring a higher level of accountability and transparency to our town government,” Pascua said, “This resolution is about more than the solicitor’s budget. It’s about ensuring accountability across all departments.”

Expanding Solicitor Invoices Access Doesn’t Affect Public Records Access

During public comment at the April 8 Coventry Town Council meeting, speakers debated the pros and cons of allowing public and elected officials access to unaltered solicitor invoices, with some suggesting that expansion would open the documents to public disclosure. Warwick City Councilman Jeremy Rix, a lawyer and someone with experience in dealing with such documents, said he expects that information that could compromise town legal negotiations, likely already protected from public disclosure under APRA exemptions, are not any more vulnerable to a public records request if more than one public official has access to it.

“If it’s not a public record, it’s not a public record,” Rix said.

Rix also said not revealing details aside from line item costs of the solicitor’s work on active cases is a smart, and legitimate case of keeping opposing lawyers from learning enough about a municipality’s strategy to compromise the town or city’s case.

“You don’t go and reveal who your witnesses are to the other side,” Rix said, until you’re ready for them to testify in court. But, he said, information like that can be revealed after the case has happened.

So, although the number of public officials with access to the redacted invoices doesn’t make the information more accessible to the public legally, limiting the people who can share that information, accidentally or otherwise, is sometimes wise. During the March 25 meeting on the topic, Council President Hilary Lima remarked she didn’t trust (now former) Dist. 3 Councilman James LeBlanc and Dist. 5 Councilman Scott Copley to not share the information.

“I think that the majority (of the Coventry Town Council) actually have a pretty good point there,” Rix said.

Author: Rob Borkowski

Rob has worked as reporter and editor for several publications, including The Kent County Daily Times and Coventry Courier, before working for Gatehouse in MA then moving home with Patch Media. Now he's publisher and editor of WarwickPost.com. Contact him at editor@warwickpost.com with tips, press releases, advertising inquiries, and concerns.