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Wednesday, November 16, 2011

I want those records, Deputy Dan

What's in those bags,
Deputy Dan?

Town denies open records request
By Will Collette


I reported in detail on Deputy Dan’s sleuthing here, so I was very interested in hearing Mageau’s denunciation of Slattery’s report. I was disappointed, however, since Mageau pretty much did what I predicted he would do. 

I also made my own inquiry, asking the town to provide me with a copy of the “two-inch thick file” that Deputy Dan waved in the air as he gave his report. He said during the open Council session that the file contained the evidence he had collected when he interviewed town staff.

Just for background, the underlying issue is whether there was an illegal conspiracy consisting of Town Administrator William DiLibero, Parks and Recreation Director Jay Primiano and Economic Improvement Commission chair Frank Glista to concoct a “phantom” non-profit organization to illegally collect money from people who came to town festivals.



Town Administrator DiLibero,
obviously cooking up a conspiracy
Mageau, and apparently one other person, claim that the $23 that was collected the one time a collection can was put out is just the beginning. He says there is a $1.5 million enterprise to create a new entertainment venue at Ninigret Park by this shadowy phantom group. They will, in Mageau’s mind, carry all of this out with criminal intent.

So Deputy Dan Slattery got an earful of this and went off to  “investigate.” This is, by the way, why I will always refer to him as Deputy Dan.

As soon as he finished giving his report, Slattery was reprimanded by other Council members last month for conducting this unauthorized sleuthing, and Mageau lit into him again on Monday, accusing him of conducting a “cover-up.”

But there’s the issue of what’s in Deputy Dan’s 2-inch thick file. I want to see it. And I want to report about it in Progressive Charlestown.

But the town has denied that open records request by claiming (a) the town doesn’t actually have the material in its possession – which I believe and (b) the papers are just Deputy Dan’s private notes, working papers and other detritus that he used to produce his amazingly brief report that he filed for the record - which I don't accept. The specific exemption the town is claiming is under RIGL § 38-2-2 (4) (K).

I have filed the first step in the appeal process by asking Administrator Bill DiLibero to reverse that decision as required under RIGL 38-2-8(a)..State law requires this initial request for reconsideration. The next step is a formal complaint with the State Attorney General.

Now, I know those papers don’t show any evidence of criminal conduct, but not just because Deputy Dan says so. The idea that Frank Glista, who is my friend and is one of Charlestown’s most public-spirited people, would set up a fraudulent charity and then divert the money to some elaborate entertainment complex is too bizarre.

There are others in this town who might have committed charity fraud, but not Frank Glista. 

But I want to see what Slattery put in that file. And I think all of you have a right to know what is in that file.

During Jim Mageau’s rambling tirade of charges against Slattery, DiLibero, Primiano and Glista, I only heard one thing that was correct: Slattery’s “investigation” violated the Town Charter that only authorizes the Town Council to investigate such charges.

I think it is bad for the town for Slattery to be allowed to walk around with what he describes as a “two-inch-thick folder of evidence.” Incidentally, the stack of materials that Mageau turned in on Monday night should be available on Clerkbase soon. 

In my request for a reconsideration of the town’s denial of the records, I asked Town Administrator DiLibero to inform Slattery that he needs to keep those records intact (not burned or shredded) until this open records dispute is fully adjudicated.

I’ll keep you posted, sports fans.