Report Inappropriate Comments

1/15/18

COMPLAINT

The complainant respectfully requests that the enclosed complaint pertaining to the Warwick Fire Departments records retention policies be investigated in view of certain evidence to be brought forth within the body of this complaint.

FACTS OF THE CASE

During the month of May 2016 and again in December of 2016 this complainant (Robert Cote) made certain records requests for documents which identify requests for leave under the Warwick Fire Dept. contract. These certain requests for leave fall under the provision of Section 2 page 17 of the Warwick Fire Dept. contract entitled “SUBSTITUTIONS” (SEE EXHIBIT 1). The requests to obtain these documents were made after Cote received answers to certain questions, from Warwick Fire Chief James McLaughlin, during the city budget hearings of 2016.

Specifically, during the budget hearings of 2016, Cote requested the criteria for “SUBSTITUTION” under the contract specifications. Cote was informed on record that the employee must obtain written permission for the request for leave, and that after the request for leave was granted, that “the information is entered into the system”.

At this time, Cote and McLaughlin had several minutes of conversation as to the type of data entered into the “system”, if that data could be printed as a document, and that Cote would request that particular document through the APRA process.

During the month of May and again December of 2016, Cote requested any and all documents relative to “SUBSTITUTION”. Cote received the answer from the Warwick Fire Dept., that no such documents exist (SEE EXHIBIT 1).

After several conversations with city council members and several months later, Cote received from certain city council members, documents that in fact did exist which pertain to, and identify, requests for leave under the provision of Section 2 page 17 of the Warwick Fire Dept. contract entitled “SUBSTITUTIONS” (SEE EXHIBIT 2) - Warwick Fire Department form 109 CHANGE OF SHIFT.

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Cote then received several months of the Warwick Fire Department daily personnel sheets which contain within, two tables. The first table identifies the names of fire fighters out on leave and which also indicates those fire fighters who, under the provision of Section 2 page 17 of the Warwick Fire Dept. contract entitled “SUBSTITUTIONS”, did in fact perform what is commonly known as a “CHANGE OF SHIFT” identified on the FF On Leave table, under the column “Leave Type” as COS (SEE EXHIBIT 3).

Subsequently, during the budget hearings conducted May 31 2017, Cote again questioned Warwick Fire Chief McLaughlin as to the particulars of documentation of firefighter requests for leave under the provision of Section 2 page 17 of the Warwick Fire Dept. contract entitled “SUBSTITUTIONS”. Please copy and paste link below to hear the testimony of the chief. Scroll the time bar to 7:30 mark for his testimony.

http://www.audio.warwickri.gov/budgethearingsFY2018/warwickbudgethearings-05-31-17e.mp3

During this testimony, Cote questioned Chief McLaughlin as to why Cote was unable to get copies, or to view the completed FORM 109 CHANGE OF SHIFT DOCUMENTS. Cote was informed by Chief McLaughlin during this conversation that the Warwick Fire Department disposes of these documents. The chief re-iterates the policy of disposing documents 3 times during this conversation. Please listen to the link provided at the 9 minute mark. The chief clearly openly states that “the document with signatures is disposed of”.

Subsequent to the budget hearings, Cote received WFD attendance records indicating that 1391 requests for leave requiring form 109 to be filled out and retained, had been removed, destroyed, or discarded under the guidance of Warwick Fire Department Chief James McLaughlin. This activity is a direct violation of the State of Rhode Island Records Retention Laws, specifically Section LG2.6.4 which indicates request for leave shall be retained for the period of 4 years. (SEE EXHIBIT 4)

Attached also, is EXHIBIT 5, the breakdown of men and number of requests for leave per man during the period of July 1 2016 – May 31 2017.

In addition to the above activity of destroying and disposing of documents, the Warwick Fire Department failed to file any Certification of Records Destruction Forms as required under RIGL Title 38 (See exhibit 6), and is in violation of numerous aspects of Title 38 to include but not limited to Sections 38-1-10, 38-1-1.1, 38-1.4, and 38-3-6 (SEE EXHIBIT 6A)

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Resident Cote now comes to the Secretary of State and to the Attorney General and makes the following allegations:

1. The Warwick Fire Department took deliberate steps to knowingly and willfully withhold documents requested by Cote through the APRA process which specifically addressed requests for leave.

2. The Warwick Fire Department has knowingly and willfully had a continuous pattern of destruction of documents, specifically request for leave documents, in direct violation of the State of Rhode Island Records Retention Requirements.

3. Official WFD documents indicate that on average there are 1400 requests for leave annually and as of this date, all of these requests from the past 4 years have been discarded and or destroyed, in direct violation of the State of Rhode Island Records Retention Requirements.

Resident Cote respectfully requests a complete investigation of the Warwick Fire Departments ongoing policy of destruction of records, a complete review of the protocols that are required under 38-3-6, and a levying of any and all applicable fines for violations committed on the part of certain appointed officials of the City of Warwick.

Respectfully submitted,

Robert Cote