City files for federal grant, but won't sign certification

By John Howell
Posted 8/16/18

By JOHN HOWELL On the advice of City Solicitor Peter Ruggiero, neither Police Chief Stephen McCartney nor Mayor Joseph Solomon has signed an application for $16,751 in federal Edward Byrne Memorial Assistance Grant funding. In his letter that accompanied

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City files for federal grant, but won't sign certification

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On the advice of City Solicitor Peter Ruggiero, neither Police Chief Stephen McCartney nor Mayor Joseph Solomon has signed an application for $16,751 in federal Edward Byrne Memorial Assistance Grant funding.

In his letter that accompanied the grant application, Ruggiero writes, “It is well-settled decisional law that the federal government cannot commandeer local government resources nor require local governments to enforce federal immigration statutes and regulations.”

The action is a step back from that taken last week by Providence and Central Falls. They filed suit against U.S. Attorney General Jeff Sessions, arguing that the Department of Justice is seeking to “coerce local governments into enforcing the federal government’s civil immigration policies.”

McCartney said that joining in the Providence and Central Falls suit is a possibility should the unsigned grant request be rejected. In the case of Providence and Central Falls, respective grants of $212,112 and $28,677 are at stake.

In addition to the $16,751, Warwick could lose an additional $27,000 in Byrne JAG. McCartney explained the $27,000 represents the city’s share of $767,114 earmarked for the state. Rhode Island Attorney General Peter Kilmartin joined seven other attorneys general in a class action lawsuit likewise arguing that the federal government was stepping outside its constitutional bounds by making enforcement of federal immigration statutes a condition of funding.

McCartney said he has no problem in cooperating with federal immigration authorities when it involves apprehending “bad guys” involved in criminal activities. He sees no reason, however, for his department to be involved when it comes to detaining immigrants in civil matters.

In his letter to the chief and mayor, Ruggiero says the city would be required to sign certification statements that, in his opinion, “violate provisions of the U.S. Constitution, the R.I. State Constitution and violate principles of federalism.”

The $16,751 would be used for the procurement of new software to update the department’s TOTAL STATION system that is used for crime scene/accident scene reconstructions and for new computer hardware to replace some of our aging patrol computers, McCartney said.

He said the request was approved by the City Council in June, which is a required component of the grant.

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