August 21, 2018
The ACLU of RI testimony on the RI Ethics Commission’s proposed amendments to its rules governing “Complaints and Investigations.” The proposal would make confidential the Commission's investigatory reports, which are currently public even in cases where the Commission finds no probable cause to proceed, and in its place would require the Commission to issue a public written decision explaining its ruling in those instances. As we will explain below, the ACLU opposes the effort to make the investigatory reports confidential, but supports the proposal for written Commission decisions when a finding of no probable cause is made. We have taken this position only after careful deliberation, as we recognize that there are competing civil liberties interests at play: rights to privacy and due process as well as principles of open government.