McKee's office cites open-records law in not answering subpoena questions

PROVIDENCE — The McKee administration is citing the language of the state's open-records law as a reason for not disclosing whether the governor's office has received any subpoenas in the state-federal investigation of a controversial $5.2-million education consulting contract given the ILO Group.

The refusal drew this question from GOP candidate for governor Ashley Kalus:

"What is he hiding?"

"I immediately call on Governor McKee to fulfill the public records requests made by multiple news outlets and comply with the Open Records Act. The people have already lost faith in their government, and the distrust grows each day Dan McKee fails to answer questions regarding his alleged criminal acts.”

The ILO Group's contract has drawn scrutiny because the firm's leaders have close ties to Gov. Dan McKee, and a competing bid had been considerably lower. The firm had also been incorporated just two days before McKee took office.

While state agencies have in the past confirmed the receipt of subpoenas relative to investigations big and small – from the $1-million subsidy the legislature gave Cranston chiropractor Victor Pedro to the $75-million 38 Studios debacle – the governor's legal counsel advised The Journal that Gov. Dan McKee is not required to.

In a July 25 response letter to The Journal, legal counsel Claire Richards wrote:

"I understand that you have recently been requesting copies of any subpoenas that have been served on the Governor's Office in connection with the ILO contract.

"As reported by the Providence Journal and other news outlets, the Rhode Island Attorney General's Office and the United States Attorney for the District of Rhode Island have opened an investigation into the state contract awarded to the ILO Group.

"If either of these organizations had issued a subpoena in connection with their investigation, those subpoenas would not be considered 'public records' under APRA," she wrote.

She based her contention on the section of the law that "exempts from disclosure investigatory records, like subpoenas, that could reasonably be expected to interfere with investigations or law enforcement proceedings or that would disclose techniques and procedures for law enforcement investigations."

Richards' argument drew this response from Steve Brown, executive director of the ACLU of Rhode Island and a leader in the open-government advocacy group AccessRI:

"While any subpoenas issued to the Governor's office could certainly be considered 'investigatory records,' it's unclear to me why their release would necessarily interfere with any investigation that is being conducted."

"In any event," Brown said, "the open records law still leaves it completely in the Governor's discretion to release the subpoenas if they exist. In light of the inherent public interest in this controversy, that would appear to be an appropriate step to take."

Similarly, John Marion, executive director of Common Cause, acknowledged the exemptions for certain "law enforcement records." But he said:

"If the records exist, it's not a surprise that the governor's office would invoke an exemption to shield what could be embarrassing documents. It's always worth noting that nothing in the law prevents the governor's office from sharing the documents if they so choose."

This latest Journal records request was prompted by a July 15 WPRI story on the progress of the inquiry by state and federal investigators into the award to the ILO Group.

When the newly formed company was created, at least one of its principal owners was working for Mike Magee, a close confidant of the governor who had been on his transition team.

The contract was ended in December – only six months into a one-year agreement after the company billed $1.8 million for its services, which included advising school districts on reopening after COVID shutdowns.

On July 15, WPRI-TV reported that a subpoena had been issued, for unknown reasons, to the private University Club in connection with the ILO investigation.

“We will comply, and it’s our policy to comply for subpoenas we receive in connection with grand jury matters or any matter we’re asked about,” John J. Brough Jr., the club’s president, told WPRI. He indicated the subpoena had arrived "within the last several weeks."

The shadow of the investigation has hung over the governor's race, with McKee's challengers citing it as an example of insider dealing in state government.

This article originally appeared on The Providence Journal: RI Gov. Dan McKee's office reasons subpoena silence in investigation