PR 99-03 (1999).

• Case Date: March 22, 1999
• Court: Rhode Island

Rhode Island Attorney General Opinions 1999. PR 99-03 (1999). State of Rhode IslandDepartment of the Attorney GeneralPR 99-03 (1999)PR 99-03 CIANCI V. R.I. ETHICS COMMISSIONMarch 22, 1999 Unofficial Finding PR 99-03Mr. John CianciN. Smithfield, RI 02896Re: CIANCI V. R.I. ETHICS COMMISSIONOur File 99-0045 Dear Mr. Cianci: The investigation into your Access to Public Records Act ("Act") complaint against the R.I. Ethics Commission (the "Ethics Commission") is complete. By facsimile transmitted on October 28, 1998, you made a request to the R.I. Ethics Commission for access to records which were submitted to the Commission in complaint number 97-41 pending before it. In that letter, you requested access to: 1. letter dated December 17, 1997 Submitted by Attorney Paul Baillargeon on behalf of his client, Reginald Centrecchio to the commission; 2. Documents referred to in Captain DePasquale's affidavit, specifically DA 1574, dated March 19, 1996 and Memorandum, Subject: Recommendation of Removal SSG John A. Cianci, dated July 1, 1996; and 3. recommendation by the Board of Officers. The Ethics Commission responded to your request by letter dated November 9, 1998. The Ethics Commission provided you with the document responsive to your first request, "letter dated December, 1997 with all attachments". You were not provided with documents responsive to your other . John Cianci PR 99-03 March 22, 1999 requests; however, the Ethics Commission informed you of its basis, by reference to statutory citation, for not producing the records. With respect to your other requests for the "DA1574, dated March 19, 1996" and "Memorandum, Subject: Recommendation of Removal SSG John A. Cianci, dated July 1, 1996", we shall address each document separately. A. DA Form 1574 As it relates to DA Form 1574, the Ethics Commission represents that it received this document from both you and the R.I. National Guard during the course of its investigation of the complaint. The Commission received four (4) pages from you. The Commission only requested that the National Guard provide it with the first page as the copy you provided had certain information cut off. The Commission, through its Executive Director Martin F. Healey, submits that it denied you access to the first page of the DA Form 1574 because it was obtained by the Ethics Commission during the investigation...