Formal Complaint Filed with Attorney General Against CF in Failure to Produce Diossa Travel Records

Formal Complaint Filed with Attorney General Against CF in Failure to Produce Diossa Travel Records

Tuesday, November 22, 2022

 

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Former Central Falls Mayor James Diossa, Now General Treasurer-elect

GoLocalProv.com has filed a formal complaint with Rhode Island Attorney General Peter Neronha’s office regarding the City of Central Falls’ refusal to comply with the Rhode Island Access to Public Records Act (APRA). 

The complaint stems from a GoLocal investigation into former Central Falls Mayor Diossa’s travel while in office and subsequent lack of financial documentation for his more than 30 trips domestically and internationally.

GoLocal asserts in the complaint that the City of Central Falls has demonstrated a disregard for the public records law. 

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Diossa in November was elected as Rhode Island’s next General Treasurer. 

 

Complaint to Attorney General 

The following is GoLocal’s complaint filed with Attorney General Peter Neronha’s office. 

 

Dear Mr. Attorney General:

On August 12, 2022, GoLocalProv.com, a news organization in Rhode Island, filed an Access to Public Records Act request with the City of Central Falls seeking copies of former Central Fall Mayor James Diossa’s travel expenses.

According to Diossa’s financial disclosure statement filed with the Rhode Island Ethics Commission, during his time as Mayor, he went on approximately 30 trips that were paid for in part by third parties. These financial disclosure statements were filed by Diossa under the pains and penalties of perjury.

Those financial disclosure statements were improperly filed, have been repeatedly amended, and are incomplete.

GoLocal’s request to Central Falls sought the following:

Under Rhode Island’s Access to Public Records Act, please provide the following documents:

Travel costs for James Diossa for each of the following years — 2013 to 2021.

Please include the date and location of the travel. And, please include the funding source, i.e., general fund, mayor’s budget or federal grant, as examples.

As these are readily available documents – please expedite per the statute. If you have any questions, please feel free to contact me.

Thank you,

 

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Diossa named Jerzyk Central Falls’ City Solicitor

On August 26, the City of Central Falls took an additional 20 days to respond to GoLocal’s request. The City responded:

August 26, 2022 

Dear Mr. Fenton:      

The City of Central Falls received your request for copies of certain public records on August 12, 2022.  Due to the extensive amount of research pertaining to your request, the City has good cause to extend the ten (10) day time period by an additional twenty (20) days.  Please note this is not a denial of your request to review the requested documentation.  Thank you for your time and cooperation.       

Very truly yours,        

Lisa Dias, on behalf of                                                                 

Matthew T. Jerzyk,                                                                   

City Solicitor    

~~~~~~~~~~~~~~
Matthew Jerzyk, Esq.
William A. Farrell & Associates LLC
50 Park Row West Suite 100 Providence, RI 02903
Central Falls City Solicitor
580 Broad Street Central Falls, RI 02863

 

On September 26, 2022, the City of Central Falls forwarded a group of documents. Few of the documents were responsive to the request. Of the more than 200 pages, most of the documents were city budgets. One key document — the city ledger, which provided limited information regarding travel was saved as a PDF and could not be read.

GoLocal immediately notified Solicitor Jerzyk on September 26 that the documents forwarded did not include the documents requested.

On September 27, 2022, the City of Central Falls forwarded 38 additional pages – Jerzyk claimed that the documents were complete.

 

September 27, 2022     

Dear Josh:    

Please see the attached documents relative to your 9/27 request for “a copy of the General Ledger spreadsheet in which the MEMO column is not cut off and is readable.”  As I indicated in my voicemail to you, our Finance Department was unable to figure out how to deal with the “character limit” in the MEMO column in the Infinite Visions software system.  However, they were able to find the full text of the MEMO column in the underlying purchase orders, which I am attaching for your convenience, as a supplemental response to your 8/12 APRA request to the City

The decision of this Department can be appealed pursuant to R.I. Gen. Laws § 38-2-8 by appealing this decision to the Mayor of the City of Central Falls, Maria Rivera, City of Central Falls, 580 Broad Street, Central Falls, RI 02863.  You may also file a complaint with the Department of Attorney General, 150 South Main Street, Providence, RI 02903, or the Providence County Superior Court.   

Thank you for your time and cooperation.   

Very truly yours, 

Matthew T. Jerzyk,                                                                 

City Solicitor  

Enclosure

 

Missed Deadline and Missing Documents

Then another week later, Jerzyk sent additional information — far after the deadline of when the material was due after the initial 10 days (working) and the additional 20 (working days).

He wrote to GoLocal:

October 4, 2022 

Dear Josh:    

Please see the attached documents as a second supplemental response to your 8/12 APRA request to the City: 

1) On Page 28 of the City’s Supplemental Response, the Fiscal Year 2017-2018 General Ledger, there are two credits to the City in the amount of $2,372.83 and $309.35, more fully described in the attached documents, which the Finance Department identified on 10/3/22 as the former Mayor’s reimbursement to the city for his travel costs relative to a February 2018 trip to Malaysia.

2) The former Mayor’s former administrative assistant discovered a folder of travel documents delivered to me on 10/3/22 which are attached hereto.

The decision of this Department can be appealed pursuant to R.I. Gen. Laws § 38-2-8 by appealing this decision to the Mayor of the City of Central Falls, Maria Rivera, City of Central Falls, 580 Broad Street, Central Falls, RI 02863.  You may also file a complaint with the Department of Attorney General, 150 South Main Street, Providence, RI 02903, or the Providence County Superior Court.   

Thank you for your time and cooperation and please do not hesitate to let me know if you have any questions or need additional information.

Very truly yours, 

Matthew T. Jerzyk,                                                                 

City Solicitor  

  

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Diossa has traveled to dozens of locations — missing travel costs

 

Failed to Provide Basic Information

After an extensive review of all of the documents sent by the city of Central Falls to GoLocal, it is clear that Diossa was reimbursed tens of thousands of dollars or that the city had directly paid tens of thousands.

As an example, for a trip that Diossa identified in his filing with the Ethics Commission to China, the sponsoring organization, Equity China, paid $400 for the trip but no other reimbursement or payments are disclosed by the city of Central Falls.

In addition, beyond documents being sent late and after the statute’s deadline, GoLocal asserts that the city took little care in preparing the response to the APRA request. One example is a copy of a reimbursement check from Diossa to the city of Central Falls that was not properly treated, and the copy sent to GoLocal included Diossa’s personal banking information.

 

In a third follow-up to the city, GoLocal wrote to the Mayor:

Dear Honorable Maria Rivera: 

On August 12, 2022, now more than two months ago, GoLocal filed an Access to Public Records Act (APRA) request with the City of Central Falls requesting documents regarding the use of public monies for travel by former Mayor James Diossa.

The city, after ten working days, took an additional extension of 20 working days, which is allowable by law.

The materials initially sent to GoLocal on September 26, 2022, were almost all non-responsive.

GoLocal then notified City Solicitor Matthew Jerzyk that we believed the response was incomplete and non-responsive.

On October 4, Jerzyk forwarded an additional 37 pages — well beyond the deadline of the state’s APRA statute.

“The former Mayor’s former administrative assistant discovered a folder of travel documents delivered to me on 10/3/22, which are attached hereto,” wrote Jerzyk.

GoLocal believes the city has intentionally withheld documents that are responsive to the initial request of August 12.

We have gone through all of the travel materials, cross-referenced them with Diossa’s Rhode Island Ethics Commission financial disclosure statements, and developed the following questions (please see below). 

As this request is reasonable and falls under the statute, and is in the public interest, we are asking for your office to respond to the following no later than the end of the day on October 31.

The questions de facto are identical to the August 12 request. 

If we do not receive responses, on Tuesday, GoLocal will be filing a complaint with the Office of the Attorney General or shall seek relief in the courts.

It is implausible that a chief executive could literally spend tens of thousands of dollars of public dollars and that there are no records of the trips, the costs, the dates, and the source of funds used to pay for these trips.

In the public interest and to avoid litigation, I hope your administration will immediately provide these public documents.

Please provide response to the following:

 

Taiwan (2nd Trip in 2019)

Dates were not provided by Diossa.

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so how much and for what?

 

England

Dates were not provided by Diossa.

According to Diossa’s Ethics Statement, the third party paid $460.

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

 

Puerto Rico

Dates were not provided by Diossa.

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

 

2019

Mexico

Dates were not provided by Diossa.

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so how much and for what?

 

April 12-23, 2019

Taiwan (According to a city document,  “Yip & Company —  see page 37 “2nd Supp”)

According to Diossa’s Ethics statement, the cost paid by the third party is airfare $2003, hotel $1180, and lunch and dinner $400.

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

 

March 25, 2019

AIPAC

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

 

March 10-13, 2019

Național League of Cities, Washington, DC

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

 

February 14-17, 2019

NALEO Meeting, Central Florida

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

 

January 26 to February 3, 2019

Israel

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so how much and for what?

 

January 23-25, 2019

US Conference of Mayors, Washington, DC

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so how much and for what?

 

November 27-28, 2018

NALEO Commission Meeting

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

 

2018

Kuala Lumpur, Malaysia.

Diossa’s Ethics statement discloses that the third party paid $3,500.

Please provide the dates of the event.

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

 

October 11-12, 2018

Celebration de Exelencia Conference

Washington, D.C.

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so how much and for what?

 

July 10-July 12, 2018

“Mayors on Entrepreneurship”

Kansas City, MO

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

 

April 26-28, 2018

National Policy Institute on Workforce Development/NALEO

Los Angles, CA

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so how much and for what?

 

April 15-22, 2018

Arjona, Columbia

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so how much and for what?

 

February 5-13, 2018

CNU-NE 2018 Urbanism Summit, Malaysia

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so how much and for what?

 

January. 2018

U.S. Conference of Mayors, Washington, D.C.

January 24-26

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

Did the City pay for any portion of Sandra Cano’s trip — according to a registration document, she accompanied him.

 

December 6-9, 2017

Mayor’s Institute on City Design, Tampa, Florida

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

 

October 20, 2017

Diossa attended the Metro Young Latino Professional Association meeting in Omaha, NE

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

According to the Marriot Receipt (page 5 of the Supplemental), there were two guests, who were the other guests?

There was a payment of $309.35 by Diossa to the City of Central Falls — do you have proof that the check was cashed?

 

October 18-19, 2017

Hartford Foundation

According to Diossa’s Ethics filings, the sponsor of the organization paid $1,000 for hotel costs.

Then in the records received by GoLocal in the second set of documents, there is a check from Diossa to Central Falls for $309.35.

Was the check cashed? Please provide proof.

And was the $1,000 payment from the Hartford Foundation paid directly to Diossa? Did he keep those funds?

 

July 20-22, 2017

NLC Leadership, Pittsburgh

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so how much and for what?

 

June 23-26, 2017

Diossa attended the US Conference of Mayors Meeting in Miami Beach

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so how much and for what?

Sandro Cano attended this event according to the 2nd Supplement, did she pay for her trip, and if so, please provide any copies of payments of any reimbursement by Diossa or Cano.

 

June 18, 2017

New Leaders Council Retreat, Washington, DC

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so how much and for what?

 

June 10-11, 2017

Flight by Diossa from PVD to Washington DC, Returning June 11.

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so how much and for what?

 

2017

There is no date provided for a trip to Taipei, Taiwan. Please provide.

Improperly reported Ethics Commission Financial Disclosure Statement of 2017

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

Diossa’s Ethics statement says the third party paid $1,950 — then Lt. Governor Dan McKee reports that the third-party group paid $3,500 for his travel, hotel, and food.  Thus, did the city of Central Falls pay the difference?

Did he take any other trip related to his office, and if so, to where for what, and what was the cost?

 

2016

Date Unknown – reported on Diossa’s Ethics Commission Financial Disclosure Statement for 2016

Charter School Growth Fund

San Francisco, CA

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

 

November 8-15, 2015

Israel

Improperly reported Ethics Commission Financial Disclosure Statement of 2016

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

Did he take any other trip related to his office, and if so, to where for what, and what was the cost?

 

2014 or 2015?

It is unclear if the following trip took place in 2014 or 2015 — it is listed on Diossa’s Ethics Commission Financial Disclosure Statement 2014, but lists a 2015 date.

Charter School Growth Fund

Houston, Texas

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so how much and for what?

 

2014 of 2015

It is unclear if the following trip took place in 2014 or 2015 — it is listed on Diossa’s Ethics Commission Financial Disclosure Statement 2014, but lists a 2015 date.

Central Falls Housing Authority

Baltimore, Maryland

Did he take any other trip related to his office, and if so, to where for what, and what was the cost?

 

2013

Dates unknown trip is referenced on Diossa’s Ethics Financial Disclosure Statement

Focus, Wayne State University – Detroit

Did the City pay for any portion of the trip? If so, please provide those costs.

Did Diossa receive any payment from the city for the trip, and if so, how much and for what?

Did he take any other trip related to his office, and if so, to where for what, and what was the cost?

 

2012

According to Diossa’s ethics filing, he did not travel via a third party.

Did he incur any travel for city business paid for by the City of Central Falls?

 

And, for all of these requests/clarifications, please provide the source of funds – federal, state or municipal funds.

This was clearly delineated in the August 12 APRA request.

 

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PHOTO: file

On October 31, Mayor Rivera responded, refused to provide any additional information and defended the city’s response.

 

Mr. Fenton: 

Thank you for your email of October 28, 2022. 

I have reviewed the process that our city solicitor followed regarding your APRA request filed on August 12, 2022. In addition, I have also reviewed the documents that were forwarded to you by the city solicitor.

I am of the opinion that documents responsive to your request have been forwarded to you. 

Best Regards,

Maria Rivera, Mayor

 

Therefore we seek that the Attorney General’s office review this matter, order the City of Central Falls to comply with the initial August 12 APRA request, and sanction the city of Central Falls.

 

Sincerely,

Josh Fenton 

CEO and co-founder of GoLocal

 

 

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