State ordered to release costs, funding of RhodeWorks signs

Portsmouth resident John Vitkevich wins appeal

Posted 9/7/17

PORTSMOUTH — The Rhode Island attorney general has ruled that the state Department of Transportation (RIDOT) violated the Access to Public Records Act (APRA) by not releasing documents …

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State ordered to release costs, funding of RhodeWorks signs

Portsmouth resident John Vitkevich wins appeal

Posted

PORTSMOUTH — The Rhode Island attorney general has ruled that the state Department of Transportation (RIDOT) violated the Access to Public Records Act (APRA) by not releasing documents detailing the cost of the blue RhodeWorks signs located in Portsmouth and elsewhere in the state.

Local resident John Vitkevich, a vocal critic of the signs who’s campaigned to have them removed, had asked RIDOT to provide a list of all signs and their current and future locations; the cost of their design, construction and installation; and the funding source for the placards.

RIDOT released a list of the current signs and their locations, but rejected Mr. Vitkevich’s request for the cost breakdown and locations of future signs.

RIDOT claimed that Mr. Vitkevich’s request for the future locations of the signs as well as the costs are exempt from public disclose under Rhode Island General. Other than acknowledging that “state funding” pays for the signs, “there are no documents to provide that would be responsive to that request,” RIDOT said.

Mr. Vitkevich then appealed to the attorney general’s office, complaining that RIDOT had violated APRA by not providing the future locations of RhodeWorks signs, the cost of the signs and the funding account source. 

In a Sept. 5 e-mail to Mr. Vitkevich, Sean Lyness, special assistant attorney general, stated that “DOT is advised that its actions violated the APRA.”

Mr. Lyness said the attorney general’s office found that RIDOT does not maintain any documents regarding future signage locations because the department’s 10-year plan lists only proposed locations for RhodeWorks funding. 

However, “with respect your request for documents responsive to the ‘source/funding account for this marketing signage project,’ we confess some unease,” Mr. Lyness stated before adding, “we are not satisfied with the conclusory response that DOT does not maintain documents that identify the budgetary source.”

The attorney general’s office also took issue with RIDOT’s claim that a document detailing the signs’ costs was exempt from APRA because it was a draft — a “running tally” of the signage already installed.

“Under the DOT’s interpretation, this running tally of signage costs could be withheld as a ‘draft’ indefinitely. This interpretation contravenes the definition of the term ‘draft,’ which contemplates an eventual completed document,” Mr. Lyness stated, adding that the document was not exempt from disclosure.

Although the attorney general found no evidence of a “willful and knowing, or reckless, violation,” the infraction “may be used as evidence” of such in a “similar future situation.” The attorney general’s office gave RIDOT 10 business days to respond to Mr. Vitkevich’s request in accordance of APRA.

“Although the attorney general will not file suit in this matter at this time, nothing within the APRA prohibits an individual or entity from obtaining legal counsel for the purpose of instituting injunctive or declaratory relief in Superior Court,” stated Mr. Lyness.

Year-long campaign

Mr. Vitkevich has been on a year-long crusade to have the signs removed, even calling his own press conference back in June to bring more attention to the subject. He calls the RhodeWorks signs unsafe, unnecessary and a waste of taxpayers’ money.

“The signs say nothing. They say ‘RhodeWorks’ and underneath, ‘Governor Raimondo.’ Don’t we all know who our governor is?” he’s previously said. “They’re pretty big signs, but they’re void of any information. It’s like a ‘Coming Soon’ sign. It just makes us look incompetent that we have to have a sign up to let people know we’re fixing the roads. They’re subliminal.”

Three town councils — Portsmouth, Tiverton and Middletown — have passed resolutions asking RIDOT to remove the signs.

RIDOT has responded that the signs are necessary to keep the public informed.

“The RhodeWorks signs are an important indicator of our accountability to the public in managing projects and delivering them on time and on budget,” said Charles St. Martin, RIDOT’s chief public affairs officer.

Mr. Martin has previously claimed that each RhodeWorks sign costs about $135. According to Mr. Vitkevich, however, nine invoices that RIDOT shared with him show that the cost of materials alone for each sign is about $850.

RhodeWorks, John Vitkevich RIDOT

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