ACLU seeks records after union lawyer's comments on ticketing probe

Daniel Kittredge
Posted 1/16/14

After the president of the Cranston Police Department’s union through an attorney publicly asserted that heavy ticketing in November was not done in retaliation for a contract vote, the American …

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ACLU seeks records after union lawyer's comments on ticketing probe

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After the president of the Cranston Police Department’s union through an attorney publicly asserted that heavy ticketing in November was not done in retaliation for a contract vote, the American Civil Liberties Union of Rhode Island has filed a public records request related to the situation.

Joseph J. Rodio Sr. of Rodio & Ursillo Ltd., who represents International Brotherhood of Police Officers Local 301, told the Providence Journal that Cranston Police Capt. Stephen Antonucci was the officer who ordered the mass ticketing. According to Rodio, an increase in the issuance of such citations had been planned, and it was coincidental that the push came as City Council’s Finance Committee voted 4-3 against recommending a new contract negotiated between Mayor Allan Fung and the police union.

Rodio told the newspaper that Antonucci was waiving his right to anonymity in the matter to defend himself and other officers against claims the ticking was retaliatory.

He reportedly characterized the assertions of councilmen Steven Stycos and Paul Archetto - who represent wards 1 and 3, respectively, and who say their neighborhoods were targeted after they voted against the contract - as “outlandish.”

“The only way (Antonucci) could get his story out was to have me tell it,” Rodio told the Journal.

As an attorney with knowledge of the matter and the police department’s internal probe, Rodio told the newspaper that seven other officers supported Antonucci’s account in conversations with investigators.

Contacted Thursday, both Rodio and his office indicated he would be out until Tuesday.

Officials, including Fung, have repeatedly cited the Law Enforcement Officers’ Bill of Rights - which provides anonymity for officers accused of misconduct - in remaining largely silent regarding details of the ticketing investigation.

Hours after the story’s publication, the ACLU issued a statement indicated it would be pursuing a range of documents.

“The ACLU of Rhode Island has filed an open records request today with the Cranston Police Department in an effort to determine whether the decision by a police captain to engage in blitz ticketing of overnight parking violators, after the Cranston City Council voted down a proposed union contract, was done through official channels,” the statement reads.

Citing the media reports regarding Antonucci’s assertions, the statement indicates the ACLU “has received anonymous tips, which have also been provided to the State Police, that Capt. Antonucci used a private cell phone, not the police department’s radio, to order officers to engage in the controversial ticketing during the nights in question in November.”

The statement indicates the ACLU is seeking copies of radio conversations or calls made by Antonucci between Nov. 13 and Nov. 16 regarding parking tickets, or any related logs; documents regarding the department’s policies on personal cell phone use for law enforcement activities; and “any memos, orders, or other documents” Antonucci issued between Jan. 1, 2013 and Nov. 16, 2013 related to enforcement of Cranston’s overnight parking ordinance.

“The ACLU believes the records will help clarify exactly how the ticketing happened and whether it was done in accordance with departmental policies,” the statement reads.

The latest developments in the alleged ticketing scandal come after Fung last week placed Police Chief Col. Marco Palombo on paid administrative leave and requested that Rhode Island State Police both assign temporarily leadership for the Cranston department and conduct a broad investigation of the ticketing and other internal issues.

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